People v. Davis CA4/3

Filed 12/8/14 P. v. Davis CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050244

v. (Super. Ct. No. FMB004179)

CARRIE LEE DAVIS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of San Bernardino County, Katrina West, Judge. Affirmed. Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Melissa Mandel and Laura A. Glennon, Deputy Attorneys General, for Plaintiff and Respondent.

Carrie Lee Davis (Carrie) appeals from a judgment after the trial court concluded she had not established her sanity had been restored. Carrie argues insufficient evidence supports the trial court’s conclusion she should not be unconditionally discharged. We disagree and affirm the judgment. FACTS In 2000, Carrie was found not guilty by reason of insanity to one count of second degree murder, two counts of child abuse, two counts of torture, two counts of false imprisonment, and one count of incest. In 2002, Carrie was admitted to Patton State Hospital (Patton). In 2011, Carrie was released from Patton and placed in a Statewide Transitional Residential Program. Later that year, Carrie was transferred to the San Bernadino/Riverside County Conditional Release Program (CONREP). In February 2012, Carrie filed a petition for an order for the restoration of her sanity under Penal Code section 1026.2 (all further statutory references are to the Penal Code). The parties waived their right to a jury trial. Before trial, the court indicated it had read and considered CONREP’s section 1026.2 summary report, dated August 28, 2012, which was prepared by Brandi Dyer, a clinical therapist, and a confidential psychological assessment report, dated August 16, 2012, prepared by Dr. Suzanne O’Brien, a clinical psychologist. The bench trial began in September 2012. Carrie provided the following testimony about her background and the events that landed her in custody. Carrie’s struggles began at the age of 14 when she started using drugs. At the age of 20, Carrie became pregnant and married the father, Bob Barnett. Carrie, Barnett, and their daughter, C.F., moved to Florida. While living in Florida, Barnett and Carrie invited their friends John Davis (John), his girlfriend Faye Potts, and their daughter to visit them. After visiting Florida, John decided to return to California. Carrie asked John if she and C.F. could join them because Barnett was drinking heavily and performing poorly at his job. Before leaving for California, John and Carrie began a brief romantic relationship.