People v. Moss CA5

BACKGROUND

In 2008, Moss was convicted of battery by a prisoner on a nonprisoner (§ 4501.5). In 2014, he was admitted to the State Department of State Hospitals pursuant to the Mentally Disordered Offender Act (MDOA) (§ 2960 et seq.). On April 12, 2019, the district attorney filed a petition to extend the commitment. Trial commenced on January 8, 2020. Various psychiatrists and psychologists who treated Moss testified that he suffers from schizophrenia; makes delusional claims;2 refuses to take medication voluntarily; fails to acknowledge his mental illness; has exhibited violent behavior; and should remain in a controlled and monitored setting. On the other hand, Moss testified that he does not have a mental illness and the “claimed delusions . . . are true.” The jury found true the allegation that Moss “continues to suffer

Unless otherwise indicated, subsequent statutory citations refer to the Penal Code. 2Among other things, Moss asserted that he was one of J. Edgar Hoover’s pallbearers as a second grader; he became friends with President Richard Nixon at Hoover’s memorial service and “had him call [his sixth grade] class and speak to [the] class about world issues”; he…