People v. S.G. CA2/6

Filed 8/8/16 P. v. S.G. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B265540 (Super. Ct. No. 14MH-0085) Plaintiff and Respondent, (San Luis Obispo County)

v.

S. G.,

Defendant and Appellant.

S. G. appeals an order granting the Department of State Hospitals' petition to compel him to submit to involuntary treatment with psychotropic medications. We affirm. FACTS In 1993, S. G. was found not guilty of attempted murder by reason of insanity. Pursuant to that finding he was confined to the Department of State Hospitals (DSH). (Pen. Code, §§ 1026, 2962.) His commitment has been extended yearly since then. (Id., § 2972.) Since his incarceration in 1993, he has been involuntarily treated with psychotropic medications. In 2014, S. G. asked the trial court presiding over DSH's petition to extend his commitment to enjoin DSH from treating him with psychotropic medications against his will. The trial court denied the request without a hearing. We granted S. G.'s petition

for habeas corpus. We held S. G. is entitled to a hearing in the trial court to determine whether he is incompetent to refuse treatment or dangerous within the meaning of Welfare and Institutions Code section 5300. (In re Greenshields (2014) 227 Cal.App.4th 1284.) At the hearing Hadley Osran, M.D., senior psychiatrist at DSH, testified since September 2014 he attempted to interview S. G. monthly. But S. G. refused to be interviewed. Osran reviewed S. G.'s records going back to 1993 and spoke with other psychiatrists who treated him. Osran said S. G. suffers from schizoaffective disorder. S. G. is paranoid and has delusions. The symptoms are demonstrated by S. G.'s belief that he is being poisoned by psychiatrists and that the medications are destroying his internal organs. His beliefs are contrary to the objective medical evidence. Since S. G. has been taking his medications, his overall psychiatric condition has improved. Without the medications, his mental health will deteriorate and he will become more psychotic, paranoid and violent. Osran testified that there is a risk of side effects from S. G.'s medications, but S. G. does not suffer any side effects. DSH monitors for side effects by annual evaluations and quarterly or annual blood tests. Osran said S. G. has no insight into his mental illness. S. G. refuses to acknowledge that he is mentally ill. Osran said if S. G. is not properly medicated he is a danger to DSH staff and others. On cross-examination Osran testified he was not aware that S. G. had been taken off Zyprexa because of a rise in his liver enzymes. Osran replied that the results of blood work in March 2014 indicate S. G. is not suffering from liver damage. Osran said the benefits S. G. receives from his current medication outweigh the risk of side effects. Todd Elwyn, M.D. is a staff psychiatrist at DSH. He treated S. G. from June through October 2014. He agreed that S. G. suffers from schizoaffective disorder. Elwyn witnessed S. G.'s delusions concerning psychiatrists and medications. S. G. believes psychiatrists are trying to kill him and chemically lobotomize him. Elwyn said