People v. White CA4/1

Filed 1/28/26 P. v. White CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D086311

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCE244585, SCE266537) JERMANE TERRELL WHITE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Daniel B. Goldstein, Judge. Affirmed. Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Arlene A. Sevidal, Assistant Attorney General, Eric A. Swenson and Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent. MEMORANDUM OPINION Jermane Terrell White appeals from an order recommitting him to Atascadero State Hospital (ASH) until May 7, 2026, based on the jury’s true finding by proof beyond a reasonable doubt that he is an offender with a

mental health disorder (OMHD).1 (Pen. Code,2 §§ 2970, 2972.) White concedes he has a severe mental health disorder that is not in remission or that cannot be kept in remission without treatment. (§ 2972, subd. (c).) He contends, however, that no substantial evidence supports the jury’s finding he posed “a substantial danger of physical harm to others” (ibid.) because he has not engaged in any violence or aggression for about the last six years. We affirm the trial court’s June 30, 2025 recommitment order. I. Background White was 44 years old at the time of his recommitment trial. He has been a patient at ASH since January 2010. Before his commitment, he served a two-year sentence in state prison. White’s first qualifying offense occurred in 2004, when he pled guilty to petty theft with a prior, after he refused to pay for a cup of coffee, demanded a pack of cigarettes, and told a convenience store employee he had a gun. (§§ 484 & 666.) The second offense took place in 2006 while he was on probation, when he punched a convenience store employee in the mouth. For that offense, the jury convicted him of robbery (§ 211) and petty theft with a prior (§§ 484 & 666).