People v. Miesegaes CA1/1

DISCUSSION

We recite only the facts pertinent to the order on appeal. In September 2002, following a bench trial, the trial court found defendant not guilty of murder by reason of insanity. (§ 1026.) In November, the court ordered defendant committed to the state hospital for a maximum term of 25 years to life (§ 1026.5, subd. (a)).

1 All further references are to the Penal Code unless otherwise indicated. 1 Defendant is a resident alien subject to deportation based on his criminal history, and is subject to an “ICE”2 hold. In May 2013, defense counsel made efforts to have defendant returned to his native country, Switzerland. The trial court ordered Atascadero State Hospital to prepare a recommendation for defendant’s readiness for outpatient treatment in the community. Dr. Henry Hans Bjorn Ahlstrom and defendant testified at a contested hearing on October 23, 2013. Dr. Ahlstrom is a clinical psychologist and a member of defendant’s treatment team. He used eight psychological tests to prepare an assessment of defendant. He concluded defendant does not have an ongoing psychotic disorder, but is suffering from posttraumatic stress disorder, attention deficit disorder, amphetamine…