People v. White

Opinion

GILBERT, J.

William Thomas White appeals from the judgment (order committing him to the Department of Mental Health) entered following a jury trial at which it was found that he was a mentally disordered offender (MDO) (Pen. Code, § 2962). One of his contentions is that no evidence was presented that the person in charge of treatment evaluated appellant. [[/]]

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We reject his contentions and affirm.

The record reflects that, in 1990, White was sentenced to six years in prison after he was convicted of assault with a deadly weapon in which he inflicted great bodily injury. The assault occurred while he was in a clinic for a psychological evaluation and attacked a doctor. On June 6, 1993, the

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Board of Prison Terms (BPT) determined that White was an MDO and he was committed to Atascadero State Hospital for treatment as a condition of his parole.

White petitioned for a hearing, pursuant to Penal Code section 2966, to determine whether he came within the MDO criteria at the time of the BPT hearing. At the section 2966 hearing Doctor Fred Cutter, a psychologist, and Doctor Philip Kelly, a psychiatrist, testified that they were of the opinion that White met the MDO criteria. Doctor Cutter testified that, in reaching his opinion, he had relied on the reports of Doctor John Kinkaid, Doctor D. L. Pickens, and Doctor Joseph Allioto, all of whom had agreed that White met the MDO criteria.

On cross-examination, White’s counsel questioned both testifying doctors as to whether they knew who had been in charge of White’s treatment. When Doctor Cutter was asked if Doctor Pickens was the person in charge, Cutter responded, “No.” On redirect, Doctor Cutter was asked which doctor was in charge of all the other doctors and indicated that it was Doctor Zil and that all of the other doctors worked at Doctor Zil’s direction. On cross-examinatian, Doctor Kelly said Doctor Kinkaid was not the person in charge of treating White and that he did not think Doctor Pickens was either, but did not know. Doctor Kelly said that Doctor Zil was the person ultimately responsible for the treatment of all patients. Doctor Kelly presumed Doctor Zil, who was the chief psychiatrist for the Department of Corrections, delegated the treatment to others.