People v. Hamm CA5

FACTS

On April 9, 1999, Hamm pled no contest to first degree robbery (§§ 211, 212.5, subd. (a)) and admitted a personal use of a knife enhancement (§ 12022, subd. (b)(1)). On July 13, 1999, the court sentenced Hamm to a four-year term, the middle term of three years on his robbery conviction and a one-year weapon use enhancement. On March 1, 2002, pursuant to section 2962, Hamm was committed to Atascadero State Hospital as a MDO. Thereafter, he had his commitment extended several times. On December 22, 2011, he was transferred from Napa State Hospital (the hospital) to the California State Prison at Sacramento (CSP-SAC) pursuant to Welfare and Institutions Code section 7301. On September 24, 2012, the Fresno County District Attorney filed a petition seeking to again extend Hamm’s involuntary commitment pursuant to sections 2970 and 2972. On March 14, 2013, Hamm waived his right to a jury trial. On March 27, 2013, at a court trial, the prosecutor called Dr. Timothea McGinley, a Senior Psychologist Supervisor for CSP-SAC, to testify as an expert witness regarding Hamm’s mental status. Dr. McGinley testified that Hamm was sent to the prison from Napa State Hospital for several…