Bowers

People v. Bowers

Good Law
145 Cal. App. 4th 870·2006 Cal. App. LEXIS 1935·2006 Daily Journal DAR 16209·52 Cal. Rptr. 3d 74·2006 Cal. Daily Op. Serv. 11423
Court of Appeal of CaliforniaDecember 14, 2006F048615California3,537 words

Opinion

Opinion

Gomes, J.

In December 2001, defendant Edith Ann Bowers was found not guilty by reason of insanity (NGI) of two counts of battery on correctional officers (Pen. Code, § 4501.5). The court committed Bowers to the Department of Mental Health (DMH) for a maximum period of incarceration of four years.

In March 2005, a petition for extended commitment under section 1026.5 was filed alleging pursuant to the DMH’s recommendation that Bowers qualified for an extension of her commitment under section 1026.5, subdivision (b), she was being held at Napa State Hospital (NSH) as a result of a two-year extension of her commitment ordered on March 22, 2004, and her maximum term of incarceration was to expire on August 16, 2005. The petition further alleged Bowers had been convicted of a felony and sentenced to NSH per section 1026.5, and she was a person who, by reason of a mental disease, defect or disorder, represented a substantial danger of physical harm to others.

After waiving a jury trial, a court trial was held in June 2005. The matter was submitted on the reports of Drs. Michael Zimmerman and Robert Taylor. The court found the petition’s allegations true and that by reason of mental…

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