People v. Greenshields CA2/5

Filed 7/14/14 P. v. Greenshields CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B243827 (Super. Ct. No. F198931) Plaintiff and Respondent, (San Luis Obispo County)

v.

SEAN ALEN GREENSHIELDS,

Defendant and Appellant.

In 1993, a jury found Sean Alen Greenshields not guilty of attempted murder by reason of insanity. (Pen. Code, § 1026.)1 Greenshields appeals an order extending his involuntary commitment beyond the maximum term of commitment. (§ 1026.5.) He contends that his extended commitment is precluded by the doctrine of judicial estoppel because his 2007 conviction in another case necessarily establishes that his sanity has been restored. We affirm the order extending his commitment. In a companion petition for writ of habeas corpus (In re Greenshields (July 14, 2014, No. B252222) __ Cal.App.4th __), Greenshields contends that he has a right to refuse antipsychotic medication unless he is determined by a court to be (1) incompetent to refuse medical treatment, or (2) a danger to others within the meaning of Welfare and Institutions Code section 5300. We issue the writ by separate order.

1 All statutory references are to the Penal Code unless otherwise stated.

FACTUAL AND PROCEDURAL BACKGROUND Greenshields suffers from paranoid schizophrenia. In 1993, a jury found Greenshields not guilty of attempted murder by reason of insanity. (§ 1026.) The San Luis Obispo County Superior Court committed him to a state hospital for a term of 13 years, with a maximum commitment date of July 2, 2012. Throughout his commitment, Greenshields was treated involuntarily with psychotropic medication. He denies having a mental illness and contends the medications are toxic. Greenshields attacked a psychiatrist in 2005 while he was at Patton State Hospital. He was charged in San Bernardino County Superior Court with attempted murder of the psychiatrist, assault by means likely to produce great bodily injury, and battery resulting in great bodily injury (the San Bernardino case). He did not raise insanity as a defense to the San Bernardino charges, and it is unclear from the record whether the San Bernardino court was aware of his section 1026 status. In 2007, the parties reached a plea agreement in the San Bernardino case. Greenshields pled guilty to attempted murder in exchange for dismissal of the remaining counts. The 2007 plea agreement does not mention Greenshields' sanity or the status of his section 1026 commitment. The parties agreed to a total term of "up to 10 years in state prison," with "time is to be served concurrent to any other time def. is obligated to serve." The San Bernardino County Superior Court accepted the plea and sentenced Greenshields to prison, remanding him "to the custody of the Sheriff to be delivered to California Department of Corrections at Chino." The record is not clear, but it appears Greenshields served two years in state prison and was returned to Patton State Hospital for mental health treatment in 2010. In 2010, the San Luis Obispo County Superior Court granted a petition to extend Greenshields' commitment to 2012 pursuant to section 1026. In 2012, the district attorney for the county of San Luis Obispo filed a petition to extend Greenshields'