P.

P. v. Collier CA6

Good Law
Court of Appeal of CaliforniaMay 9, 2013H036720California4,935 words

Opinion

Opinion

I. STATEMENT OF THE CASE

Defendant Brent Melton Collier appeals from an order extending his involuntary commitment to a state hospital as a mentally disordered offender (MDO). (Pen. Code, § 2972.)1 He claims the court violated his statutory and constitutional rights by failing to advise him of his right to a jury trial and then conducting a bench trial without obtaining his personal waiver. We affirm the order.

II. BACKGROUND, PROCEDURAL HISTORY, AND EXTENSION TRIAL

In 1992, defendant got onto a bus. He was hallucinating and threw a rock at the bus driver, who he thought was an undercover agent. The driver suffered serious bodily injury. At the time, defendant was under the influence of controlled substances and had

1 All unspecified statutory references are to the Penal Code. stopped taking medication for his mental disorder. Defendant was later convicted of assault on a transportation worker. In 1994, while serving his prison term, defendant was transferred to Atastcadero State Hospital for mental health treatment, and he was later certified as an MDO. (§§ 2684; 2966.) When his prison term expired, he was committed as an MDO, and his commitment has been extended…

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