People v. Moore CA2/6

Filed 6/15/15 P. v. Moore CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B260745 (Super. Ct. No. 14PT-00567) Plaintiff and Respondent, (San Luis Obispo County)

v.

MILO VANCE MOORE,

Defendant and Appellant.

Milo Vance Moore appeals from the judgment and order determining him to be a mentally disordered offender (MDO) and committing him to the Department of Mental Health (now the Department of State Hospitals) for treatment. (Pen. Code, § 2962 et seq.) He contends the order should be reversed because there is no substantial evidence his severe mental disorder caused or aggravated his commitment offense. (§ 2962, subd. (b).) We affirm. Facts In February 2010, appellant committed a robbery and an attempted carjacking near the Los Angeles International Airport. The victim had parked her car on the street near the airport. She was walking toward her car at about 12:15 p.m., when appellant approached her and asked where he could catch a shuttle to the airport. She told him there were no shuttles, but that he was within walking distance of the airport. Appellant started to walk away. The victim got into her car and was about to start it

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when she saw appellant again. He brandished a knife and demanded her purse and car keys. The victim complied. Appellant got into the car, tried to start it and failed. He got back out of the car and ran away from the scene, taking the keys with him. Meanwhile, the victim ran into the street and flagged down a passerby who called police. The victim got into the passerby's car and they followed appellant as he ran down the street. She saw appellant toss her keys into the bed of a pickup truck. Appellant eventually ran out of their sight. Before returning to the victim's workplace, they stopped at the pickup truck and retrieved the victim's keys. Police officers soon located appellant in the area. When they first tried to take him into custody, appellant brandished his knife and said, "I'm not gonna stop." He started to walk away and one of the officers sprayed him with pepper spray. Appellant started running. The foot pursuit ended near a storm drain that runs under the 405 freeway. Appellant dropped his knife and fled into the storm drain. Officers eventually recovered the knife and convinced appellant to leave the storm drain. About 21 days after he was taken into custody, appellant's trial counsel and the trial court judge expressed doubts regarding his mental competence. Nearly six months later, after receiving treatment at Patton State Hospital, appellant was restored to competency. He pled no contest to one count of second degree robbery and, in December 2010, was sentenced to a term of five years in state prison. As his parole date approached, appellant was referred to the Board of Prison Terms (BPT) for evaluation and found to meet the MDO criteria. Appellant challenged that finding in the trial court. Dr. Brandi Mathews, a psychologist, was assigned to evaluate appellant for purposes of the MDO hearing. Appellant declined to cooperate in the evaluation. Dr. Mathews reviewed the evaluations prepared for appellant's BPT hearing and concluded that appellant suffers from schizophrenia, a severe mental disorder. Appellant's psychotic symptoms include significant paranoia, auditory hallucinations and disorganized thinking. In the year before appellant's BPT hearing, appellant made serious threats to hospital staff and refused to voluntarily follow his treatment plan. Dr. Mathews opined