People v. Larson CA3

BACKGROUND

Underlying Offense During a drug-induced psychotic episode, defendant broke into his landlady’s home with a baseball bat and forced her to orally copulate him. Defendant was charged with forcible oral copulation (§ 288a, subd. (c)(2), count 1) with enhancements (§ 667.61, subds. (a), (b), and (e)), assault with the intent to commit a felony (§ 220, count 2), assault with a deadly weapon by means likely to produce great bodily injury (§ 245, subd. (a)(1), count 3), criminal threats (§ 422, count 4), and first degree residential burglary (§ 459, count 5). On November 3, 2003, defendant pleaded no contest to counts 1, 3, and 5, and admitted the enhancements to count 1. He also pleaded not guilty by reason of insanity. On January 26, 2004, the trial court found defendant not guilty by reason of insanity and committed him to the Department of State Hospitals. Petition for Outpatient Treatment In May 2019, defendant filed a petition under section 1026.2 for outpatient treatment. Two doctors testified regarding defendant’s petition. Dr. Don Stembridge, a forensic clinical psychologist, was appointed by the court for defendant and submitted a report for the purposes of…