People v. Moore CA5

Filed 11/7/13 P. v. Moore 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F064957

v. (Super. Ct. No. 12CRAD680733)

ARDELL MOORE, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Martin C. Suits, Judge. Rudy Kraft, 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., Cornell, J., and Detjen, J.

Appellant, Ardell Moore, Jr., appeals from an order requiring him to submit to involuntary administration of psychotropic medication. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY Moore was committed to Atascadero State Hospital as a Sexually Violent Predator on May 6, 2001. On March 16, 2006, he was transferred to Coalinga State Hospital (the Hospital). On January 25, 2011, Moore attempted to attack another patient with a pair of scissors but was prevented from doing so by hospital staff. On January 23, 2012, the Department of Mental Health filed a “Petition for an Order to Compel Involuntary Treatment with Psychotropic Medication” seeking a court order authorizing the Hospital to involuntarily administer psychotropic medication to Moore. On March 5, 2012, at a hearing on the petition, Dr. Grafman testified that he began working as a Staff Psychiatrist at the Hospital in September 2011, and had been Moore’s treating psychiatrist since December 2011. Moore had a diagnosis of paraphilia, exhibitionism, and schizophrenia, paranoid type. He had a history of molesting children and had raped four women when he was in his twenties. Moore was first hospitalized around 1980. Moore suffered from delusions. He believed hospital staff was taking blood from him at night and that he was Martin Luther King, Jr. He also would talk to himself and say he was speaking with spirits and he made his own paper money. Dr. Grafman also testified that during one incident, Moore exposed his genitals to a peer and then rushed at him with a pair of scissors in his hand. He was subdued by staff before he was able to do any harm. Moore was not taking psychotropic medication when the assault occurred.