People v. Lambert CA6

Filed 8/26/16 P. v. Lambert CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040795 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C9941876)

v.

JOHN FREDERICK LAMBERT,

Defendant and Appellant.

Defendant John Frederick Lambert appeals from an order extending his involuntary commitment as a mentally disordered offender (MDO). He argues there is insufficient evidence he currently poses a substantial risk of physical harm to others. For the reasons set forth below, we affirm. BACKGROUND 1. Defendant’s Commitment In October 1999, defendant pleaded guilty to a count of auto burglary (Pen. Code, §§ 459, 460)1 and nolo contendere to a count of criminal threats (§ 422). The following month, the trial court suspended imposition of sentence and placed him on three years’ probation. In March 2000, the Santa Clara County Probation Department notified defendant he was in violation of his probation. Thereafter, the trial court reinstated probation. In June 2000, defendant was again found to be in violation of his probation. 1 Unspecified statutory references are to the Penal Code.

Defendant admitted the probation violation. The trial court revoked probation and sentenced him to 16 months in prison with credit for 330 days. On February 23, 2005, the Santa Clara County District Attorney’s Office filed a petition seeking to compel defendant to submit to involuntary treatment for one year under section 2970. The trial court granted the petition. Defendant was committed to Atascadero State Hospital. Between 2006 and 2013, the district attorney’s office petitioned for and received multiple court orders recommitting defendant for an additional year. In February 2013, defendant was transferred to the Napa State Hospital. On August 29, 2013, the district attorney’s office filed a petition to involuntarily recommit defendant to the department of mental health through March 7, 2015. The petition alleged that defendant continued to suffer from a severe mental disorder, the mental disorder was not in remission and could not be kept in remission without treatment, and due to his mental disorder defendant was a substantial danger of physical harm to others. Defendant and the prosecution waived a jury trial. On February 27, 2014, the trial court held a court trial on the recommitment petition. 2. The Court Trial Dr. Dave Auluck, a staff psychiatrist at Napa State Hospital, qualified as an expert in the fields of rendering psychiatric diagnoses and risk assessment. Dr. Auluck had been treating defendant since December 2013. Defendant suffered from schizoaffective disorder, bipolar type disorder, and polysubstance abuse. Dr. Auluck explained that a schizoaffective disorder is a type of psychotic disorder that causes a person to suffer from delusions or hallucinations for a majority of the time. Patients suffering from schizoaffective disorder may also have a mood disorder. In defendant’s case, he had a bipolar mood disorder that can also be present at various times.