People v. Hansen CA6

Filed 11/8/13 P. v. Hansen CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039654 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1120888)

v.

ELLEN MARIA HANSEN,

Defendant and Appellant.

Defendant Ellen Maria Hansen was charged with felony infliction of corporal injury on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a)).1 On April 11, 2013, the court, based upon the opinions of two psychologists, determined that defendant was incompetent to stand trial (§ 1370, subd. (a)(1)(B)), suspended criminal proceedings, and ordered defendant committed to a locked psychiatric facility for a term of no more than three years. Defendant filed a timely appeal. We will affirm. FACTUAL BACKGROUND2 Defendant and Bobby Duarte have lived together in San José since 2008.3 As of November 2011, they lived in a home with Duarte’s two uncles. On the morning of 1 All further statutory references are to the Penal Code unless otherwise stated. 2 The factual background is derived from the transcript of the preliminary hearing and from the reports of the psychologists submitted to the court below. 3 It is unclear from the record whether defendant and Duarte are married. In his testimony at the preliminary hearing, Duarte described defendant and himself as “hav[ing] been together since 2008”; he did not indicate they were married. In both of (continued)

November 29, 2011, Duarte received a head laceration after defendant threw an unopened 28-ounce can at him while they were in their bedroom.4 The can was among a number of objects, including a footstool, that defendant threw at him. Defendant was giving Duarte “[a] blank look like she was looking through [him].” He described her behavior as “erratic.” Duarte left the bedroom, and had his uncle, Daniel, call an ambulance to attend to his injury. He was taken to Valley Medical Center, where he received eight “staples” to close the laceration. PROCEDURAL HISTORY Defendant was charged by information with one felony, i.e., infliction of corporal injury on a spouse or cohabitant (§ 273.5, subd. (a)). On October 18, 2012, the court expressed a doubt as to defendant’s competence to stand trial and suspended criminal proceedings pursuant to section 1368. The court appointed two psychologists, who examined defendant and submitted reports. On January 14, 2013, Henry Hoey, Ph.D., a clinical psychologist, interviewed defendant, conducted a mental status examination, and administered several psychological tests. Dr. Hoey reported that defendant had been diagnosed in the past by two professionals as “suffer[ing] from a Bipolar disorder, which involves seriously impaired cognitions, including strange or paranoid perceptions of others.” In January 2010, defendant was granted a disability retirement from the United States Postal Service due to her psychological condition and her refusal to take psychotropic medications to