People v. Brooks CA5

INTRODUCTION

Appellant Akilah Asha Brooks was charged with a felony offense and found not guilty by reason of insanity in 2012. She was subsequently released on outpatient status. In this matter, she filed a petition for restoration of sanity pursuant to Penal Code1 section 1026.2. After an evidentiary hearing, the court denied the petition. On appeal, her appellate counsel has filed a brief pursuant to the opinion of the California Supreme Court in Conservatorship of Ben C. (2007) 40 Cal.4th 529. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On or about October 27, 2011, appellant was an inmate at Valley State Prison for Women and a participant in mental health services.2 A correctional officer saw an object fall from appellant’s waistline and seized the item. The object was a lock placed inside of a sock, something commonly used as a weapon inside the prison.3 Insanity Finding and Commitment On October 10, 2012, a first amended information was filed in the Superior Court of Madera County charging appellant with count 1, unlawful possession of a weapon, “a lock in a sock,” while confined in a penal institution (§ 4502, subd. (a)) with one prior strike conviction and one prior…