Bolden

In 1980 Samuel Othello Bolden, Jr. (Bolden), was found not guilty by reason of insanity of assault with a deadly weapon, assault with intent to commit murder and attempted murder. He appeals from an order extending his commitment to Patton State Hospital (Patton) following a jury trial in which he was found to have a mental disease which causes him to represent a substantial danger of physical harm to others. (Pen. Code, § 1026.5, subd. (b)(1).)

Although Bolden is a chronic paranoid schizophrenic, there was substantial evidence showing his behavior is controlled by psychotropic medication. Bolden contends the order extending his commitment should be reversed because (1) the court refused to instruct the jury it could consider his medicated condition in determining whether he was dangerous; and (2) the prosecutor improperly suggested, in closing argument, the jury should consider the likelihood of Bolden’s future dangerousness.

Although we reject the People’s invitation to overrule People v. Williams (1988) 198 Cal.App.3d 1476 [ 244 Cal.Rptr. 429 ], we affirm, concluding the court’s failure to give the requested instruction was harmless and Bolden’s other contention…