People v. Quaife CA5

Filed 9/20/24 P. v. Quaife CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F086999 Plaintiff and Respondent, (Super. Ct. No. FP004853A) v.

TIFFANY JO QUAIFE, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Michael G. Bush, Judge. Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Darren K. Indermill and Warda Ali-Baloch, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., Peña, J. and Snauffer, J.

Defendant and appellant Tiffany Jo Quaife (appellant) appeals from an order following a jury trial extending her commitment as an offender with a mental health disorder (OMHD) for one year pursuant to Penal Code1 section 2972, subdivision (c). Appellant contends there was insufficient evidence her mental illness presents a substantial danger of physical harm to others, the order should be reversed, and the matter remanded with directions to deny the petition for recommitment. We reject appellant’s contentions and affirm. FACTUAL AND PROCEDURAL BACKGROUND Appellant assaulted an elderly victim with a knife on December 9, 2018. Appellant reportedly was trying to cut herself in a suicide attempt but cut the victim instead. On December 11, 2018, the Kern County District Attorney filed a complaint alleging appellant committed assault with a deadly weapon (§ 245, subd. (a)(1); count I) and infliction of an injury on an elderly adult 65 years of age or older under circumstances or conditions likely to produce great bodily harm or death (§ 368, subd. (b)(1); count II). The complaint also alleged appellant personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)) as to count II, and personally inflicted great bodily injury on an adult 70 years of age or older (§ 12022.7, subd. (c)) as to both counts. The complaint further alleged appellant had two prior serious or violent felony convictions (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)): a 2008 conviction for assault with a deadly weapon (§ 245, subd. (a)(1)) and a 2015 conviction for arson (§ 451, subd. (d)). On November 5, 2019, appellant pled guilty to count II (§ 368, subd. (b)(1)) and was sentenced to the middle term of six years. On January 19, 2021, appellant was committed to Patton State Hospital (Patton) as a mentally ill prisoner. (§ 2684.)