People v. Superior Court of Los Angeles County

The People of the State of California (the People) petition this court for a writ of mandate directing respondent superior court to vacate its order declaring defendant and real party in interest Alonzo Blakely’s (Blakely) diagnosis of “Axis II antisocial personality disorder” as a matter of law does not qualify as a “mental disease, defect, or disorder” within the meaning of Penal Code section 1026.5, subdivision (b)(1). The People seek to mandate the trial court to proceed to trial on their petition for extended commitment of Blakely.

The People’s petition is meritorious because the trial court’s order was erroneous. Whether a defendant “by reason of a mental disease, defect, or disorder represents a substantial danger of physical harm to others” under section 1026.5 is a question of fact to be resolved with the assistance of expert testimony. (People v. Superior Court (Williams) (1991) 233 Cal.App.3d 477, 489-491 [ 284 Cal.Rptr. 601 ].) Therefore, the question of whether a diagnosis of Axis II antisocial personality disorder qualifies as such a mental condition under section 1026.5 is a question of fact.

Further, the trial court’s ruling the lack of effective…