State Dept. of State Hospitals v. D.B. CA5

Filed 1/8/26 State Dept. of State Hospitals v. D.B. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

STATE DEPARTMENT OF STATE HOSPITALS, F090256

Plaintiff and Respondent, (Super. Ct. No. 25CRAD687790)

v. OPINION D.B.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Irene A. Luna, Judge. Linda J. Zachritz, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Detjen, J. and Meehan, J.

INTRODUCTION Appellant D.B. (appellant), an individual admitted to the State Department of State Hospitals (DSH) at Coalinga (DSH-Coalinga) under the Sexually Violent Predator Act (SVPA), appeals the trial court’s order which authorized his involuntary treatment with antipsychotic medications. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record pursuant to Conservatorship of Ben C. (2007) 40 Cal.4th 529. Appellant did not file a supplemental brief on his own behalf. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On October 9, 2023, appellant was admitted to DSH-Coalinga after being adjudicated by the Fresno County Superior Court as a sexually violent predator (SVP). On August 14, 2024, the superior court granted DSH’s verified petition to involuntarily administer antipsychotic medication to appellant, finding he was an SVP who was unwilling to take medication and he lacked capacity to refuse treatment.1 DSH’S PETITION TO RENEW On May 5, 2025, DSH filed a verified petition to renew the trial court’s prior order to compel involuntary treatment of appellant with antipsychotic medication. The petition alleged appellant was 51 years old, adjudicated as an SVP, and diagnosed with unspecified bipolar spectrum disorder. His symptoms included, but were not limited to, paranoia, hallucinations, delusions, poor insight and judgment, depression, severe mood swings, decreased need for sleep, increased energy, elevated mood,