People v. R.D. CA4/2

FACTS AND PROCEDURAL HISTORY

Defendant has a long history of mental health problems, including diagnoses of

paranoid schizophrenia and abuse of drugs and alcohol. Defendant was hospitalized

twice, before the current offense, for paranoid schizophrenic behavior.

In March 2010, defendant was experiencing auditory hallucinations. Defendant

heard the voice of a young girl in his head, saying that she was hungry. Defendant

believed his father had killed her. Defendant also believed that his father was going to

stab him. Frightened and angry, defendant got a gun that was in the house and shot his

father in the chest. Defendant’s father survived the attack.

As a result of these events, defendant was charged with one count of attempted

murder (Pen. Code, §§ 664, 187) and assault with a semi-automatic firearm (Pen. Code,

§ 245, subd. (b)). The trial court ordered mental health evaluations of defendant, first

under Evidence Code section 1017,1 and then a few days later under Penal Code

1 Evidence Code section 1017 provides generally that no psychotherapist-patient privilege applies when a psychotherapist is appointed by order of the court, unless the psychotherapist is…