People v. Kennedy CA5

INTRODUCTION

Following a bench trial, the court ordered appellant, Paul Andrew Kennedy, recommitted to the State Department of Mental Health for one year for treatment as a mentally disordered offender (MDO) pursuant to Penal Code sections 2970 and 2972.1 On appeal, appellant contends the evidence was insufficient to support the MDO recommitment order and, alternatively, that the court erred in denying his request that he be released on outpatient status pursuant to section 2972, subdivision (d) (section 2972(d)). We affirm.

FACTS

The hearing occurred on May 22, 2013. The People’s witness was Robert Wagner, Ph.D. Dr. Wagner is a forensic psychologist who contracts to provide services with the Department of State Hospitals, Coalinga, where appellant is a patient.2 Dr. Wagner evaluated appellant as an MDO, who is a person with a severe mental disability or illness and because of that condition poses a potential danger to others. Dr. Wagner explained that appellant suffers from paranoid schizophrenia that has symptoms such as agitation, delusions, hallucinations, disorganized thinking, and difficulty expressing emotions. In paranoia, the patient exhibits suspiciousness, grandiose…