People v. Davis CA4/3

FACTS

In 2000, Carrie was found not guilty by reason of insanity to one count of second degree murder, two counts of child abuse, two counts of torture, two counts of false imprisonment, and one count of incest. In 2002, Carrie was admitted to Patton State Hospital (Patton). In 2011, Carrie was released from Patton and placed in a Statewide Transitional Residential Program. Later that year, Carrie was transferred to the San Bernadino/Riverside County Conditional Release Program (CONREP). In February 2012, Carrie filed a petition for an order for the restoration of her sanity under Penal Code section 1026.2 (all further statutory references are to the Penal Code). The parties waived their right to a jury trial. Before trial, the court indicated it had read and considered CONREP’s section 1026.2 summary report, dated August 28, 2012, which was prepared by Brandi Dyer, a clinical therapist, and a confidential psychological assessment report, dated August 16, 2012, prepared by Dr. Suzanne O’Brien, a clinical psychologist. The bench trial began in September 2012. Carrie provided the following testimony about her background and the events that landed her in custody. Carrie’s struggles…