People v. Reynolds CA2/6

Filed 9/17/15 P. v. Reynolds CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B259007 (Super. Ct. No. 2008046516) Plaintiff and Respondent, (Ventura County)

v.

JERREMY TODD REYNOLDS,

Defendant and Appellant.

Jerremy Todd Reynolds appeals an order recommitting him to the Department of Mental Health for continued involuntary treatment as a mentally disordered offender ("MDO"). (Pen. Code, §§ 2962, 2970.)1 We affirm. FACTUAL AND PROCEDURAL HISTORY On August 10, 2009, Reynolds pleaded guilty to stalking and attempted criminal threats. (§§ 646.9, subd. (a), 664, 422.) The criminal offenses concerned Reynolds's actions toward a 17-year-old girl, J.M., and Reynolds's assault on his friend who intervened on J.M.'s behalf. The trial court suspended imposition of sentence and granted Reynolds 36 months of formal probation, with terms and conditions. On November 19, 2009, the probation officer charged Reynolds with violating probation. The violations concerned Reynolds's actions toward a 15-year-old girl, J.L., and Reynolds's possession of weapons and marijuana. On August 11, 2010, the

1 All further statutory references are to the Penal Code unless stated otherwise.

trial court found Reynolds had violated the terms of his probation. On August 18, 2010, Reynolds pleaded guilty to another count of attempted terrorist threats. (§§ 664, 422.) The court then revoked Reynolds's probation, sentenced him to a prison term of two years four months, and imposed various fines and fees. On September 14, 2012, Reynolds was certified as an MDO pursuant to section 2962, and placed in Atascadero State Hospital for treatment as a condition of parole. On October 1, 2013, the prosecutor filed a petition to extend Reynolds's involuntary commitment pursuant to section 2970. Reynolds demanded a jury trial regarding the extended commitment. In a pretrial ruling, the court stated that it would permit the victims of Reynolds's criminal offenses to testify "concerning their observations of the defendant's person during the commission of [the crimes]" and their fearfulness. The court also permitted evidence of Reynolds's police interview in 2009 "because it [is] direct evidence of showing [Reynolds's] thinking process when he's not in remission." Evidence of Underlying Offenses Reynolds was a handyman employed by J.M.'s family. When J.M. was 17 years old, Reynolds painted a heart on the family garage with the words, "Jack Jack." He also contacted J.M. on MySpace and by emails, left flowers and a note for her, and later sent her roses. Reynolds explained his affections for J.M. in religious terms. J.M., her parents, her minister, and the police directed Reynolds to cease contact with J.M. On November 5, 2008, Reynolds met his friend Ken Forney outside J.M.'s residence. Forney advised Reynolds to leave J.M. alone. In response, Reynolds attacked Forney, knocked him to the ground, "bang[ed]" his head against the concrete, and "squeeze[ed]" his neck. J.M.'s mother kicked Reynolds to the ground. Reynolds responded, "Show me your spirit, woman." Neighbors intervened and struggled with Reynolds until police officers arrived. On November 8, 2008, Reynolds was confined in Ventura County jail. During a "lockdown" of all prisoners, Reynolds refused to return to his cell, despite repeated orders, warnings, and pepper spray. Reynolds "just stared" at a table. He then