People v. Moore CA5

Filed 5/19/16 P. v. Moore CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F069685 Plaintiff and Respondent, (Super. Ct. No. 14CRAD682000) v.

ARDELL MOORE, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Martin C. Suits, Judge. (Retired Judge of the Kings County Sup. Ct. assigned by the Chief Justice pursuant to article VI, § 6 of the Cal. Const.) Linda J. Zachritz, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Kathleen Kenealy, Chief Assistant Attorney General, Julie W. Weng-Guiterrez, Assistant Attorney General, Niromi W. Pfeiffer and Karli Eisenberg, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Detjen, J. and Franson, J.

Appellant Ardell Moore, a sexually violent predator (SVP), appeals from an order requiring him to submit to involuntary administration of psychotropic medication. We affirm the order. BACKGROUND In 2001, appellant was found to be an SVP pursuant to Welfare and Institutions Code section 6600 et seq. for three sexually violent convictions in 1980 and 1987. The superior court committed him to the Department of State Hospitals (DSH). As relevant to this appeal, on March 27, 2014, the DSH petitioned for an order to compel appellant’s involuntary treatment with psychotropic medication. On May 19, 2014, a hearing on the petition was held. Testimony was presented by Psychiatrist Mark Lechner and appellant. Dr. Lechner Dr. Lechner testified that he worked as a contract psychiatrist for the DSH in Coalinga, where appellant had been his patient for about two months. Appellant was diagnosed with schizophrenia paranoid type. He exhibited symptoms such as disorganized and delusional thinking, in which his thoughts would ramble without coherence or coherent conclusions. His current treatment with risperidone had lessened his symptoms. Appellant was currently subject to an involuntary medication order. He had denied having mental illness and stated he was being improperly medicated. When appellant’s involuntary medication order lapsed in 2013, he went off medication for a period of several months, during which he experienced increased symptoms with disorganized behavior. When the involuntary medication order was reinstated, he regained control of his behavior. Dr. Lechner thought appellant’s insight into his mental illness was quite poor. Dr. Lechner believed appellant would refuse his medication if given a choice. Appellant