People v. Purcell CA3

I. BACKGROUND

A 1987 information charged defendant with assault with intent to commit rape. (Pen. Code, § 220.)1 The trial court found defendant not guilty by reason of insanity and found him to be a danger to the health and safety of others. The court ordered defendant committed to Atascadero State Hospital for a maximum term of six years pursuant to section 1026. In 1992, the trial court granted the People’s petition pursuant to section 1026.5, subdivision (b)(1) to extend defendant’s commitment by two years. The court has granted numerous successive petitions extending defendant’s commitment by two-year terms. In 2020, the People filed the current petition for another two-year extension. A. The Trial Evidence Dr. Nilda Diaz, a forensic psychologist for the State Department of State Hospitals, was the only witness at trial. Diaz testified as an expert in forensic psychology specific to the area of persons pleading not guilty by reason of insanity. Diaz attempted to meet with defendant to perform a forensic evaluation. When she introduced herself, defendant said, “ ‘I already talked to you last night.’ ” Diaz had never met defendant before. Defendant insisted they had…