People v. Steele CA5

Filed 8/28/14 P. v. Steele 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F067154

v. (Super. Ct. No. CF06904028)

BRODERICK JEROME STEELE, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Jonathan M. Skiles, 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, Stephen G. Herndon and Harry Joseph Colombo, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Gomes, Acting P.J., Detjen, J., and Franson, J.

Broderick Jerome Steele appeals from an order extending his civil commitment as a mentally disordered offender (MDO). He contends there was insufficient evidence that he was currently dangerous and that his severe mental disorder caused serious difficulty in controlling dangerous behavior. We conclude the evidence was sufficient and affirm the trial court’s order extending his commitment. FACTS The Report The only evidence before the court at the recommitment hearing was the report submitted on November 1, 2012, by the medical director of Atascadero State Hospital. He was of the opinion that Steele qualified for continued treatment under Penal Code section 2970,1 and he recommended that the district attorney file a petition for another year of continued treatment. He attached a forensic report to support his opinion. The forensic report, written by psychologist Dr. Perry, stated that Steele had a severe mental disorder as defined in section 2962. He suffered from auditory hallucinations (including commands to kill others), persecutory delusions, grandiose delusions, paranoia, mood lability, and racing thoughts. His symptoms, consistent with Schizoaffective Disorder, Bipolar Type, had “caused substantial impairments in his perception of reality, thought processes, emotional functioning, and behavior.” Dr. Perry stated that in July and August of 2012, Steele engaged in the following behaviors.2 He claimed to work for the FBI, accused a staff member of attacking him and trying to choke him, and stated that staff members were trying to poison him. In a delusional and agitated state, he told a staff member, “‘You’re KKK, you’re the white devil, you want to kill all black people!’” He said he believed staff members were going