People v. Landreth CA2/6

FACTS AND PROCEDURAL HISTORY

In 2006, in Los Angeles County Superior Court case no. GA060401, appellant pled guilty or no contest to second degree robbery and admitted an allegation of a prior serious felony conviction (§ 667, subd. (a)(1)). The trial court sentenced him to eight years in state prison. On August 8, 2012, in Fresno County Superior Court case no. F12100302, appellant was convicted of battery by a prisoner on a non-confined person

1 All statutory references are to the Penal Code. (§ 4501.5) and was sentenced to a four-year prison term to be served consecutively to the eight-year term he was then serving. On September 30, 2015, the Board of Parole Hearings (BPH) determined that appellant met the MDO criteria and sustained the requirement of treatment as a condition of parole. In January 2016, appellant petitioned for a hearing and sought appointment of counsel. Appellant waived his right to a jury a trial. Dr. Dia Gunnarsson, a forensic psychologist at Atascadero State Hospital, testified as the prosecution’s expert. Dr. Gunnarsson interviewed appellant and reviewed his criminal and mental health histories. Appellant suffers from bipolar disorder with psychotic…