People v. Loya CA1/4

Filed 8/15/16 P. v. Loya CA1/4 Received for posting 8/17/16 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A146799 v. MARIO LOYA, (Napa County Super. Ct. No. 26-66844) Defendant and Appellant.

Following a jury’s verdict of not guilty by reason of insanity, appellant was committed to the Department of State Hospitals (DSH) in Napa, pursuant to Penal Code1 section 1026 in 1999. On July 13, 2015, DSH filed a petition in Napa County Superior Court seeking authorization to treat appellant involuntarily with antipsychotic medications, pursuant to the authority of In re Greenshields (2014) 227 Cal.App.4th 1284 (Greenshields). Thereafter counsel was appointed to represent appellant in connection with the pending petition. The petition included a “Statement of the Facts” setting forth the following evidence DSH intended to present at the hearing: “1. Mario Loya is a 65-year-old male, whose date of birth is September 12, 1949. Mr. Loya was initially admitted to DSH-N[apa] on June 3, 1999, pursuant to Penal Code section 1026.

1 All further statutory citations are to the Penal Code unless otherwise indicated.

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“2. Mr. Loya is being administered involuntary psychotropic medication pursuant to an in-house panel determination conducted on January 27, 2015, pursuant to California Code of Regulations, title 9, section 4210 and Penal Code section 2972, subdivision (g). “3. DSH-N[apa] is one of the state hospitals that provide mental health treatment to their populations of patients, who are committed by court order to their facilities for confinement and treatment. “4. Mr. Loya is diagnosed with schizoaffective disorder depressive type, continuous, moderate alcohol use disorder, and borderline personality disorder. Mr. Loya’s symptoms include persecutory delusions and depressive episodes. “5. Mr. Loya has a history of noncompliance with taking psychotropic medications. Mr. Loya believes that he is not mentally ill and therefore does not need to take psychotropic medications. When attempts have been made to discuss with him the risks, benefits, and alternatives to psychotropic medications, Mr. Loya has stated, ‘I don’t need the medication; there is nothing wrong with me.’ Mr. Loya has not voluntarily taken psychotropic medications since September 2008. Mr. Loya has stated that if he is not court-ordered to take his medications, he will not take them. Mr. Loya becomes increasingly paranoid and threatening towards peers and staff when he is not taking his medications. “6. Mr. Loya continues to demonstrate a lack of insight into his mental illness. He insists that he suffers from no mental illness, and is in no need of psychotropic medications or treatment. Mr. Loya insists that he suffered from depression from 1969 to 1990, but that he is not psychotic. Mr. Loya does not recognize his paranoia as a symptom of his illness, and he believes that he is being wrongfully held at DSH-N.” The DSH petition further alleged that Mr. Loya was “not competent to reject medical treatment” because he was “unaware of his situation,” he “does not understand the risks and benefits of treatment,” and he was “unable to understand, evaluate, or participate in a treatment decision.” The petition is accompanied by a “Verification” signed by Dr. Nathan Thuma, a staff psychiatrist at DSH, stating that “[t]he contents of the Petition are true based on