People v. Kennedy CA5

California Court of Appeal Jul 31, 2014 No. F067348Unpublished

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Holding. The court held that sufficient evidence supported the recommitment of the appellant as a mentally disordered offender (MDO) because his severe mental illness, which was not in remission, posed a substantial risk of physical harm to others.

Issues

Whether there was sufficient evidence to support the MDO recommitment order.
Whether the trial court erred in denying the appellant's request for outpatient status.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Dr. Wagner testified that in his opinion, appellant, by reason of his severe mental disorder, represents a substantial danger to others. Dr. Wagner’s expert opinion testimony, in our view, constitutes substantial evidence on this point.”

“We conclude there was sufficient evidence adduced at the hearing that appellant presents a current risk of harm to the community due to his severe mental illness and find no error in the trial court’s recommitment of appellant.”

Filed 7/31/14 P. v. Kennedy 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F067348 Plaintiff and Respondent, (Super. Ct. No. CF97595449) v.

PAUL ANDREW KENNEDY, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge. Rachel Lederman, 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, Kathleen A. McKenna, Melissa Lipon and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Gomes, J. and Detjen, J.

INTRODUCTION Following a bench trial, the court ordered appellant, Paul Andrew Kennedy, recommitted to the State Department of Mental Health for one year for treatment as a mentally disordered offender (MDO) pursuant to Penal Code sections 2970 and 2972.1 On appeal, appellant contends the evidence was insufficient to support the MDO recommitment order and, alternatively, that the court erred in denying his request that he be released on outpatient status pursuant to section 2972, subdivision (d) (section 2972(d)). We affirm. FACTS The hearing occurred on May 22, 2013. The People’s witness was Robert Wagner, Ph.D. Dr. Wagner is a forensic psychologist who contracts to provide services with the Department of State Hospitals, Coalinga, where appellant is a patient.2 Dr. Wagner evaluated appellant as an MDO, who is a person with a severe mental disability or illness and because of that condition poses a potential danger to others. Dr. Wagner explained that appellant suffers from paranoid schizophrenia that has symptoms such as agitation, delusions, hallucinations, disorganized thinking, and difficulty expressing emotions. In paranoia, the patient exhibits suspiciousness, grandiose delusions, and persecutory delusions. Appellant exhibited difficulty with reality contact because he has delusional beliefs that he is rich and of some importance. At times he is the King of England, other times he believes he is the President of the United States. During Dr. Wagner’s testimony, appellant interrupted Dr. Wagner to state that he is always the King of England. Appellant asked for books on the New York Stock Exchange, with the goal to

People v. Kennedy CA5

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