People v. Webster CA3

Filed 2/17/15 P. v. Webster CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C075676

Plaintiff and Respondent, (Super. Ct. No. 93F08666)

v.

THOMAS WEBSTER,

Defendant and Appellant.

Defendant Thomas Webster appeals from the trial court’s denial of his petition for outpatient release, claiming an abuse of discretion. Since 1994, defendant has been confined in state hospitals, following a finding by the trial court that he was not guilty of a 1993 first degree murder because he was insane when he committed the murder. The murder occurred when defendant was hallucinating and under the influence of methamphetamine and alcohol when he walked into a bar with a gun and shot dead a stranger, whom he believed had harmed his family.

1

We hold that the trial court’s denial of outpatient release was well within its discretion because there was evidence he would be a danger to himself or others because of his mental disorder if released under supervision in the community. This included evidence that in the 20 years of his confinement, defendant has a history of impulsive, angry, and dangerous outbursts involving staff and fellow patients, some of which occurred when he was under the influence of drugs. FACTUAL AND PROCEDURAL BACKGROUND Defendant’s diagnosis is “methamphetamine induced psychotic disorder while intoxicated with delusions and hallucinations, along with poly substance dependence.” Substance-induced psychosis disorders are defined mental disorders. In 1994, defendant was civilly committed to a state mental hospital for the first degree murder he committed for a term of 25 years to life or until he was restored to sanity. He went to Atascadero State Hospital and when he stabilized he was transferred to Patton State Hospital. At Patton State Hospital, the staff noted that while defendant appeared cooperative and polite, there was a “suspicio[n] of his true sincerity,” and his “drug use and possession of contraband” added to the staff’s “misgivings.” The drug use and possession of contraband included two incidents in 1996, one when defendant tested positive for marijuana and another when he tested positive for alcohol, although he denied the alcohol use in the face of the test results. In April 1997, defendant was transferred to Napa State Hospital. In December 1998, while a staff member was attempting to obtain a urine sample from defendant, he slammed the bathroom door open upon entering and grabbed the sample cup and bag out of the staff member’s hand. In 1999, Dr. Denis Franklin, a psychiatrist, recommended defendant’s release to outpatient treatment under the supervision of the forensic conditional release program. He believed that defendant had demonstrated a “sincere commitment to sobriety.”