People v. Scarpaci CA1/4

I.

INTRODUCTION

Patrick Cole Scarpaci appeals from the trial court’s order of April 5, 2013, revoking his outpatient status, pursuant to Penal Code section 1609.1 He contends the court’s finding under that section that appellant is a danger to the health and safety of others is not supported by substantial evidence. We affirm.

II.

PROCEDURAL HISTORY2

On August 28, 2002, the Solano County District Attorney filed an information charging appellant with the first degree murder of his mother, Kathryn Scarpaci. (§ 187,

1 All further statutory references are to the Penal Code, unless otherwise indicated. 2 Because the challenged order was issued solely based on the testimony presented at the section 1609 hearing, we do not find it necessary to recite appellant’s relatively long criminal and mental health histories chronicled in the record.

1 subd. (a).) Ultimately, on May 16, 2003, a plea bargain was entered pursuant to which appellant pleaded no contest to first degree murder, and the prosecutor stipulated to mental health assessments which concluded that appellant was not guilty by reason of insanity. It was further agreed that appellant could be committed to a state mental…