People v. Regan CA5

Filed 9/13/16 P. v. Regan 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F071028 Plaintiff and Respondent, (Super. Ct. No. MCR023744) v.

SHANNA LAYNE REGAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Joseph A. Soldani, Judge. Rachel Lederman, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Paul E. O’Connor, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Appellant Shanna Layne Regan contends substantial evidence does not support extension of her commitment pursuant to Penal Code1 section 1026.5, subdivision (b). We affirm. FACTUAL AND PROCEDURAL SUMMARY On January 9, 2006, a complaint was filed charging Regan with a violation of section 4502, subdivision (a) and Business and Professions Code section 4140. The complaint alleged that Regan had three prior serious or violent felony convictions, including a robbery conviction in 1991 and a robbery and kidnapping conviction in 1994. On November 13, 2006, the trial court appointed Doctors Robert Taylor and Michael Zimmerman to assess Regan’s sanity pursuant to section 1026. On January 19, 2007, Regan signed a plea form and waiver of rights. The plea form noted that Regan faced a sentence of 25 years to life if convicted of the section 4502, subdivision (a) offense, a felony, because of her prior strike offenses. In exchange for a plea of guilty to the section 4502 offense, it was agreed that two of Regan’s prior strikes and the other charge would be dismissed. The trial court accepted Regan’s plea and dismissed the other charge and two of the strike offenses. A court trial on Regan’s sanity was held and the trial court found that due to a “psychotic and depressed state,” Regan “did not have the capacity to understand the nature and quality of her actions and was not able to differentiate right from wrong” at the time of the offense. On February 6, 2007, the trial court issued an order committing Regan to Patton State Hospital for a period not to exceed eight years. On October 9, 2014, the People filed a motion to extend Regan’s civil commitment pursuant to section 1026.5, subdivision (b). The motion asserted that Regan currently was receiving treatment at Metropolitan State Hospital (Metropolitan) and the