P.

P. v. Shulte CA1/2

Good Law
Court of Appeal of CaliforniaApril 16, 2013A136105California1,266 words

Opinion

Opinion

FACTS AND PROCEEDINGS BELOW

The facts are provided primarily by the 10-page January 7, 2012 Dispositional Court Report of Forensic Evaluator Ai-Li Arias, M.D., for the Department of Mental Health (DMH), which was filed with the Sonoma County Superior Court on October 8, 2012, by Medical Director George Christison, of Patton State Hospital, as an exhibit to his January 25, 2012 affidavit recommending that the Sonoma County District Attorney apply to the court for an extension of appellant’s commitment. As it is a confidential document, Dr. Arias’s Dispositional Court Report was sealed. Appellant, a 48-year-old deaf man, was charged by the Sonoma County District Attorney with lewd and lascivious conduct with a child under the age of 14 (§ 288, subd. (a)) in 1995. After he was found incompetent to stand trial, he was committed to DMH, and initially admitted to Atascadero State Hospital, pursuant to the MDOA (§ 2962). On May 10, 1996, appellant was discharged from Atascadero State Hospital as having been restored to competence to stand trial, and thereafter tried and convicted of the aforesaid offense and sentenced to eight years in prison. During his term of imprisonment he was…

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