People v. Brogdon CA2/6

FACTS

On November 5, 2012, Brogdon's wife asked him to "clean up some of his belongings" in the living room of their home. Brogdon "used both of his hands to push her in the chest causing her to fall." When police arrived, they saw "some bruising on her chest." Brogdon told police "he did not feel his medications were working correctly."

1 All statutory references are to the Penal Code unless stated otherwise. A few days before the attack on his wife, Brogdon "committed himself" to a "county mental health in-patient facility." While there, he became "paranoid" and believed the hospital staff was "trying to hurt him." He was placed on a "5150" psychiatric hold. (Welf. & Inst. Code, § 5150.) He was "released" from the psychiatric facility the "day of the offense." Brogdon was convicted of corporal injury to a spouse (§ 273.5, subd. (a)) and sentenced to serve a state prison term. Prior to his scheduled release date, the Board of Parole Hearings determined Brogdon met the criteria as an MDO. Brogdon filed a petition for a hearing (§ 2966, subd. (b)) and requested appointment of counsel. The trial court appointed counsel for him and Brogdon waived his right to a jury trial. At…