People v. Alvarados CA2/6

DISCUSSION

Alvarados contends the trial court erred in extending his commitment because the evidence was insufficient to show that he had serious difficulty controlling his behavior. We disagree. A person committed to a state hospital after being found NGI may be kept in custody no longer than the maximum term of imprisonment for the underlying offense. (§ 1026.5, subd. (a)(1).) An NGI commitment may be extended beyond this period in two-year increments when “by reason of a mental disease, defect, or disorder” the defendant “represents a substantial danger of physical harm to others.” (§ 1026.5, subd. (b)(1).) The People must prove that as a result of the mental disease, defect or disorder, the defendant had, “at the very least, serious difficulty controlling his potentially dangerous behavior.” (People v. Zapisek (2007) 147 Cal.App.4th 1151, 1165 (Zapisek); see also People v. Galindo (2006) 142 Cal.App.4th 531, 537 (Galindo).) A single psychiatric opinion that an individual is dangerous because of a mental disorder constitutes substantial evidence to support an extension of the defendant’s commitment under section 1026.5. (Zapisek, supra, 147 Cal.App.4th at p. 1165.)

3 We…