People v. Nance CA3

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Pretrial Proceedings On November 6, 2018, the Sacramento County District Attorney filed a petition under section 1026.5, subdivision (b), to extend defendant’s commitment in Atascadero State Hospital beyond its May 9, 2019 expiration date. The petition stated that, on December 21, 2011, defendant was found not guilty by reason of insanity (NGI) for sexual battery against the will of a person institutionalized for medical treatment who is seriously disabled or medically incapacitated. The acting medical director of the hospital had good cause to believe that, by reason of defendant’s mental disease, defect or disorder, he represented a substantial danger of physical harm to others. B. Trial Trial commenced on June 13, 2019. On that day, defendant submitted a packet of proposed model jury instructions, including CALCRIM No. 3453. Defendant also proposed a pinpoint instruction: “You cannot find that there is a ‘substantial danger of physical harm’ unless you find, beyond a reasonable doubt, that [defendant] has a disorder that seriously impairs his ability to control dangerous behavior.” As supporting authority, defendant cited the…