People v. Watts CA6

Filed 6/19/15 P. v. Watts CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041302 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. 169048)

v.

ANDREW BRIAN WATTS,

Defendant and Appellant.

On December 15, 1980, appellant Andrew Brian Watts went into a psychotic rage at his parents’ home and strangled his father to death. He did not believe his father was dead, so to slow his father down, he cut off his legs with a knife and a machete and poured sugar on his body, believing it was cyanide. Later, he stole his father’s van and drove to Salt Lake City, Utah. He was arrested in Utah on December 18, 1980. Appellant has always maintained that the person he murdered was not his father, but a duplicate of his father. Appellant was found not guilty by reason of insanity and committed to the state hospital system. In 1993, while released to an outpatient treatment program, appellant became combative and assaulted several police officers. He thought the police officers were going to take him to South San Francisco to nail him on the cross. According to appellant, Jesus is also nailed on the cross in South San Francisco. He was charged with assault and battery, found not guilty by reason of insanity, and again committed to the

state hospital system. He was diagnosed with Schizophrenia, paranoid type, and polysubstance dependence. Appellant has been in and out of the state hospital system and the community release program since that time.1 On March 11, 2014, the Santa Clara County District Attorney’s Office filed a petition seeking to extend appellant’s commitment for an additional two years pursuant to Penal Code sections 1026 and 1026.5. On July 18, 2014, appellant and his attorney waived his right to a jury trial. At the ensuing court trial, appellant’s treating physician testified about appellant’s mental health issues, including his ongoing delusions and his refusal to acknowledge that he suffers from a mental disorder. She also testified that appellant does not understand the connection between his mental disorder and his crimes, nor does he acknowledge that he murdered his father. She also stated that if appellant were not under court order to take his medications, he would not do so because of the side effects of the drugs, and because he does not believe he needs them. Based on her knowledge of appellant’s treatment history and her personal experience with appellant, she concluded that if he were not medicated and came under stress, he would be at a high risk for acting on his delusional beliefs and would be a danger to others. As a result, she did not believe appellant was suitable for release (conditional or unconditional) at this time. At trial, appellant testified on his own behalf. He denied suffering from mental illness and stated that he had the resources to be unconditionally released from the 1 The factual recitation here is limited to the facts necessary to dispose of this appeal pursuant to People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano). On the court’s own motion, we take judicial notice of People v. Watts (April. 29, 2014, H040019) [nonpub. opn.] and People v. Watts (Aug. 29, 2013, H038825) [nonpub. opn.], where this court considered appeals by appellant from earlier recommitment proceedings related to the 1993 assault. (Santa Clara County Superior Court No. 169048.) We also take judicial notice of People v. Watts (Dec. 16, 2010, H035049) [nonpub. opn.], an appeal by appellant from an earlier recommitment proceeding relating to the homicide of his father. (Santa Clara County Superior Court No. 78100.) A more complete recitation of the factual and procedural background appears in those appeals. 2