People v. Lin

Filed 9/28/17 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B278102 (Super. Ct. No. 16PT-00366) Plaintiff and Respondent, (San Luis Obispo County)

v.

MICHAEL LIN,

Defendant and Appellant.

People v. Sanchez (2016) 63 Cal.4th 665 holds that an expert's hearsay statements to prove a defendant's gang membership are inadmissible hearsay. This paradigm change in the law is far reaching and extends beyond the scope of criminal law. Here we conclude that Sanchez applies to cases involving commitments of mentally disordered offenders (MDO). Michael Lin appeals an order determining him to be an MDO and committing him to the State Department of State Hospitals for involuntary treatment. (Pen. Code, § 2962 et seq.)1 We reverse.

All statutory references are to the Penal Code unless 1

stated otherwise.

FACTUAL AND PROCEDURAL HISTORY On June 8, 2015, Lin pleaded nolo contendere to one count of assault with a deadly weapon. (§ 245, subd. (a)(1).) The circumstances of the criminal offense concerned Lin confronting police officers and brandishing a bow and arrow. Following Lin’s plea, the Los Angeles County trial court sentenced him to a three-year prison term. On May 26, 2016, the Board of Parole Hearings (Board) determined that Lin was an MDO pursuant to the criteria of section 2962. As a condition of parole, the Board required Lin to accept treatment from the State Department of State Hospitals. On May 31, 2016, Lin filed a petition pursuant to section 2966, subdivision (b) to contest this decision. After discussion with his counsel, Lin waived his right to a jury trial. A court trial followed. Among other things, the parties stipulated that Lin met the 90-day treatment requirement of section 2962, subdivision (c). The parties also agreed to admit into evidence the abstract of judgment and the written four-page felony advisement of rights, waiver, and plea form for the underlying assault with a deadly weapon conviction. Expert Witness Testimony Doctor Brandi Mathews, a forensic psychologist at Atascadero State Hospital, testified that she attempted to interview Lin on two occasions regarding the MDO requirements. The interviews were terminated after several minutes because Lin was agitated, paranoid, and uncooperative. Mathews reviewed Lin’s state hospital medical records, his prior MDO evaluations, the probation officer’s report, physicians’ progress notes, psychological and psychiatric assessments, and interdisciplinary notes. She also consulted Lin’s treating