People v. Swig CA1/3

Filed 4/29/22 P. v. Swig CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A163508

v. JULIAN SWIG, (Alameda County Super. Ct. No. 98046502) Defendant and Appellant.

Following a bench trial, the court found defendant Julian Swig met the criteria for a mentally disordered offender (MDO) and entered an order on August 18, 2021, extending his commitment to September 12, 2022. (Pen. Code, § 29701). Swig seeks reversal on the sole basis that the evidence was insufficient to support a finding, beyond a reasonable doubt, that at the time of trial he represented a substantial danger of physical harm to others. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Background Swig was first diagnosed with…