People v. Mitchell CA4/4

I. FACTUAL BACKGROUND

On December 11, 2003, the court found defendant not guilty by reason of insanity (§ 1026) of second degree murder. The offense occurred on June 26, 2002, when defendant attacked Roysel Marshall-Darrow, and fatally stabbed him with a knife. Defendant had not previously met Marshall-Darrow. On January 22, 2004, the court ordered defendant committed to the Napa State Hospital for a term of life. On November 15, 2012, the Napa State Hospital notified the court that defendant was no longer a danger to the health and safety of others and recommended that he be released for outpatient treatment under the Alameda County Conditional Release

1 All further statutory references are to the Penal Code.

1 Program (CONREP) pursuant to sections 1603 and 1604. The court held a hearing pursuant to section 1604, subdivision (c) on January 18 and 25, 2013. The following evidence was presented. 1. Dr. Eytam Bercovitch Dr. Eytam Bercovitch, a staff psychologist at Napa State Hospital, testified as an expert in risk assessment and readiness for conditional release. For the past four years, Bercovitch had been a part of defendant’s treatment team and generally saw him on a daily…