People v. Phan CA6

BACKGROUND

On July 3, 2012, the District Attorney filed a petition to extend defendant‟s MDO commitment for one year. (See § 2970.) The petition alleged the following procedural history. In 2002, defendant committed battery with serious bodily injury (§ 243, subd. (d)) and injury to an elder causing death or great bodily injury (§ 368, subd. (b)(1)).

1 All further statutory references are to the Penal Code unless otherwise indicated. Defendant was convicted of those offenses and sentenced to an eight-year prison term. He was admitted to Atascadero State Hospital in 2008 (see § 2684), and he was found to be an MDO (see § 2962) on January 28, 2009. Defendant‟s commitment was scheduled to expire on January 28, 2013. A bench trial was held on January 2, 2013. At trial, psychologist Kevin M. Perry, Ph.D., testified for the prosecution; defendant presented no witnesses. Dr. Perry noted that when conducting an MDO evaluation, he reviews a patient‟s medical and criminal records, interviews the patient, and talks to the patient‟s treatment team. Dr. Perry had interviewed defendant on May 31, 2012, and he had spoken with defendant again the week before trial. Dr. Perry provided his…