People v. Brogdon CA2/6

Filed 12/4/14 P. v. Brogdon CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B256567 (Super. Ct. No. 14PT-00067) Plaintiff and Respondent, (San Luis Obispo County)

v.

JOHN KEVIN BROGDON,

Defendant and Appellant.

John Kevin Brogdon appeals a judgment committing him to the State Department of State Hospitals (SDSH) for treatment as a mentally disordered offender (MDO). (Pen. Code, § 2962.)1 We conclude, among other things, that substantial evidence supports the finding that Brogdon's severe mental disorder was "one of the causes of or was an aggravating factor" in the commission of his commitment offense. (Id., subd. (b).) We affirm. FACTS On November 5, 2012, Brogdon's wife asked him to "clean up some of his belongings" in the living room of their home. Brogdon "used both of his hands to push her in the chest causing her to fall." When police arrived, they saw "some bruising on her chest." Brogdon told police "he did not feel his medications were working correctly."

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

A few days before the attack on his wife, Brogdon "committed himself" to a "county mental health in-patient facility." While there, he became "paranoid" and believed the hospital staff was "trying to hurt him." He was placed on a "5150" psychiatric hold. (Welf. & Inst. Code, § 5150.) He was "released" from the psychiatric facility the "day of the offense." Brogdon was convicted of corporal injury to a spouse (§ 273.5, subd. (a)) and sentenced to serve a state prison term. Prior to his scheduled release date, the Board of Parole Hearings determined Brogdon met the criteria as an MDO. Brogdon filed a petition for a hearing (§ 2966, subd. (b)) and requested appointment of counsel. The trial court appointed counsel for him and Brogdon waived his right to a jury trial. At trial, Brandi Mathews, an Atascadero State Hospital psychologist, testified that Brogdon has a severe mental disorder. Brogdon "suffers from schizo- affective disorder, bipolar type" and his "psychotic symptoms include auditory hallucinations" and "visual hallucinations." He was sentenced to prison for corporal injury to a spouse. This was a crime involving "force or violence." Mathews testified that Brogdon's "severe mental disorder" was "an aggravating factor" in the commission of that crime. Brogdon's mental disorder was not in remission and it could not be "kept in remission without treatment." Mathews said Brogdon received the required 90 days of treatment and poses "a substantial danger of physical harm to others by reason of his severe mental disorder." She concluded that Brogdon met all the criteria for an MDO commitment. Brogdon testified that he believes he has "a mental disorder." Before committing the offense, he "was having . . . mental health difficulties." He said, "I just knew I had to get some mental health stable." He was released from the hospital on the day of the offense. He said, "They never let you out unless you're all squared away." At the time of the offense, he "was tired from medication and stuff."