People v. Hamm CA5

Filed 7/3/14 P. v. Hamm CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F067055

v. (Super. Ct. Nos. CF98917916-9, CF96912986-7) STEVEN MARK HAMM, OPINION Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Gary D. Hoff, Judge. Paul Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Michael A. Canzoneri and Heather S. Gimle, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Cornell, Acting P.J., Poochigian, J., and Peña, J.

The trial court extended for one year the commitment of appellant, Steven Mark Hamm, as a mentally disordered offender (MDO) (Pen. Code, § 2960 et seq.)1 after it sustained a petition pursuant to sections 2970 and 2972. On appeal, Hamm contends the court’s decision is not supported by substantial evidence. We affirm. FACTS On April 9, 1999, Hamm pled no contest to first degree robbery (§§ 211, 212.5, subd. (a)) and admitted a personal use of a knife enhancement (§ 12022, subd. (b)(1)). On July 13, 1999, the court sentenced Hamm to a four-year term, the middle term of three years on his robbery conviction and a one-year weapon use enhancement. On March 1, 2002, pursuant to section 2962, Hamm was committed to Atascadero State Hospital as a MDO. Thereafter, he had his commitment extended several times. On December 22, 2011, he was transferred from Napa State Hospital (the hospital) to the California State Prison at Sacramento (CSP-SAC) pursuant to Welfare and Institutions Code section 7301. On September 24, 2012, the Fresno County District Attorney filed a petition seeking to again extend Hamm’s involuntary commitment pursuant to sections 2970 and 2972. On March 14, 2013, Hamm waived his right to a jury trial. On March 27, 2013, at a court trial, the prosecutor called Dr. Timothea McGinley, a Senior Psychologist Supervisor for CSP-SAC, to testify as an expert witness regarding Hamm’s mental status. Dr. McGinley testified that Hamm was sent to the prison from Napa State Hospital for several reasons including assaulting other patients, attempting to take money from other patients, and destruction of state property. In order to return to