People v. Luther CA1/5

I.

FACTUAL AND PROCEDURAL

BACKGROUND

Luther was originally committed to a state mental facility in 1986 after being found not guilty by reason of insanity for discharging a firearm into an inhabited dwelling. (§ 246.) Since then, he has remained under state custody but was an outpatient during several periods. Each of these periods, including those in 1993, 1999, and 2000, ended with Luther’s outpatient status being revoked due to his “noncompliance with his

1 The order extending Luther’s civil commitment was issued under Penal Code section 1026.5 All statutory references are to the Penal Code.

1 medications and psychiatric decompensation.” In 2011, Luther was once again on outpatient status, but he was returned to a hospital setting after he went absent without leave (AWOL). This appeal arises from two related petitions filed in late 2013 and early 2014. In September 2013, Luther filed an application for a restoration of sanity under section 1026.2. In February 2014, the San Mateo District Attorney filed a petition for an additional two-year extension of Luther’s civil commitment. Luther waived his right to a jury trial, and a bench trial was held in March 2014 on both…