People v. Sheppard CA2/3

INTRODUCTION

In 1994, defendant and appellant James Sheppard was found not guilty by reason of insanity of attempted murder and assault with a deadly weapon causing great bodily injury. In 2012, defendant was released from state hospital and placed in an outpatient treatment center. After defendant went on absent without leave (AWOL) from the center, the trial court revoked his outpatient status and ordered him back to the state hospital. He contends on appeal that the revocation order violated his due process rights. We disagree and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual background.

A. Facts underlying defendant’s commitment to state hospital.1 In July 1994, “while in an acutely psychotic state precipitated by the sudden cessation of alcohol use, [defendant] entered the home of an elderly woman and stabbed her with a knife. He then went to the office of her brother, with whom he had a complex and conflicted relationship. He hit the man, knocking him to the ground, and then kicked him in the head. The man’s relationship to [defendant] reportedly included elements of father, benefactor/employer, and lover. However, [defendant] has stated…