People v. Cabrera CA2/6

Filed 5/21/15 P. v. Cabrera CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B255549 (Super. Ct. No. F408680) Plaintiff and Respondent, (San Luis Obispo County)

v.

DAVID CABRERA,

Defendant and Appellant.

David Cabrera appeals an April 3, 2014 order extending his commitment 1 pursuant to Penal Code section 1026.5 subdivision (b)(1). In 2009, appellant was committed to Atascadero State Hospital after pleading not guilty by reason of insanity to theft of an ambulance and felony evading an officer. (§ 1026.) Appellant contends that the evidence does not support the finding that he is currently dangerous by reason of his mental disorder (schizophrenia) or that he has serious difficulty controlling his dangerous behavior. (§ 1026.5, subd. (b)(1); People v. Galindo (2006) 142 Cal.App.4th 531, 539.) We affirm. Facts and Procedural History In 2007 appellant stole a Los Angeles Fire Department ambulance and led the California Highway Patrol on a high speed chase. Appellant was delusional and 1 All statutory references are to the Penal Code unless otherwise stated.

said he was in route to Louisiana to help the Hurricane Katrina victims. Appellant was also under the influence of drugs. After criminal charges were filed, the trial court found appellant mentally incompetent to stand trial, suspended criminal proceedings, and ordered appellant committed to Atascadero State Hospital until his mental competence was restored. (§ 1368.) On September 9, 2009, the trial court determined that appellant's mental competency had been restored and reinstated criminal proceedings. Appellant waived jury and entered a plea of not guilty by reason of insanity to theft of an ambulance (Veh. Code, § 10851, subd. (b)) and felony evading an officer (Veh. Code, § 2800.2, subd. (a)). Based on the reports of two psychiatrists, the trial court found appellant not guilty by reason of insanity and committed appellant to Atascadero State Hospital on November 12, 2009 for a maximum term of four years eight months. In 2012, the commitment was extended because appellant was a substantial danger to others. On January 10, 2014, San Luis Obispo County District Attorney filed a petition to extend the commitment two more years. Appellant waived jury. Doctor Brandon Yakush, a forensic psychologist at Atascadero State Hospital, testified that appellant suffered from schizophrenia, disorganized type, manifested by paranoid delusions that hidden cameras were videotaping in his home, that people were out to get him, and that family members had been replaced by robots (Capgras Delusion). Doctor Yakush stated that appellant exhibits other symptoms, "things like limited affect or lack of spontaneous speech or lack of motivation." When Doctor Yakush interviewed appellant and asked about the commitment offense, appellant said he was high on methamphetamine and stole the ambulance because it had drugs in it. Appellant also said that he stole the ambulance to help Katrina Hurricane victims. Although appellant exhibited no overt psychiatric symptoms (paranoid delusions), appellant was not symptom free. Doctor Yakush explained that "lack of motivation, is a negative symptom of his illness. But it may