People v. Acosta CA4/1

Filed 4/12/16 P. v. Acosta CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D069300

Plaintiff and Respondent,

v. (Super. Ct. No. SCD176268)

JUAN RUBEN ACOSTA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Eugenia

Eyherabide, Judge. Affirmed.

Michele Anne Cella, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance by Plaintiff and Respondent.

In February 2004, Juan Ruben Acosta pleaded guilty to assault with a deadly

weapon (Pen. Code,1 § 245, subd. (a)(1)). Acosta was sentenced to prison for a four-

year term.

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

In 2007, Acosta was found to be a mentally disordered offender (MDO) within the

meaning of section 2962. Acosta was committed to Patton State Hospital for a period of

one year and has been recommitted seven times since then.

In 2015 the District Attorney again filed a petition to continue Acosta as a MDO.