DeGuzman
People v. DeGuzman
Opinion
Opinion
Froehlich, J.
Hermogenes DeGuzman (DeGuzman) appeals a trial court ruling revoking his status as an outpatient and returning him to Patton State Hospital (Patton). He contends the court erred in using a lesser standard of proof than “beyond a reasonable doubt,” and in considering concerns of public safety in determining that his outpatient status should be revoked.
Factual and Procedural Background
'DeGuzman is a paranoid schizophrenic. In 1975 he stabbed his wife to death and then unsuccessfully attempted to take his own life. The trial court found him not guilty of murder by reason of insanity (Pen. Code, §§ 1026, 187) and directed that he be confined for life as the maximum term of commitment.
In May 1991 DeGuzman was admitted to the Conditional Release Program (CONREP) administered by the Forensic Mental Health Division of the San Diego County Department of Health Services. CONREP is an involuntary treatment program created by the Legislature and includes requirements for treatment and supervision.
On June 25, 1993, the CONREP director, following the procedures required by section 1608, requested revocation of DeGuzman’s outpatient status on the following bases: