People v. Nelson

Vera Nelson appeals an order recommitting her to the State Department of Mental Health for one year as a mentally disordered *703 offender (MDO). (Pen. Code,§ 2960 et seq.) Nelson contends the trial court erred by (1) admitting the details of hearsay evidence in medical reports on which expert witnesses relied in forming their opinions that by reason of her severe mental disorder she continued to pose a physical threat to others; (2) allowing expert witnesses to instruct the jury on MDO law and usurp the jury’s factfinding role; and (3) inadequately instructing the jury. We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

In 2002 Nelson was living in a care facility for the mentally ill. Nelson and her roommate had been drinking in their room and an argument erupted. Nelson grabbed her roommate and flung her across the room, causing her to hit a dresser and fall. While she was lying on the floor, Nelson beat her and kicked her in the head, yelling “get up bitch.” Several days later the roommate died from a brain injury.

In 2004 the People filed an information charging Nelson with voluntary manslaughter (Pen. Code, § 192, subd. (a); count 1) and battery with serious…