People v. Fisher CA5

Filed 8/26/20 P. v. Fisher 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080416 Plaintiff and Respondent, (Super. Ct. No. F19904565) v.

JACQULINE FISHER, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Adolfo M. Corona, Judge. Conness A. Thompson, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Peter H. Smith, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Smith, Acting P.J., Snauffer, J. and DeSantos, J.

INTRODUCTION Appellant Jacquline Fisher was found incompetent to stand trial and the superior court ordered the involuntary administration of antipsychotic medication. Fisher contends there is no substantial evidence supporting the order. We affirm. FACTUAL AND PROCEDURAL SUMMARY On July 11, 2019, Fisher was charged with second degree robbery, felony vandalism, and misdemeanor battery. On August 23, 2019, the trial court suspended criminal proceedings pursuant to Penal Code1 section 1368 based upon defense counsel’s doubt regarding Fisher’s competence to stand trial. Dr. Howard Terrell was appointed to examine Fisher. Pursuant to the trial court’s order, Terrell conducted a psychiatric evaluation of Fisher on September 15, 2019, and issued a written report. Terrell noted that Fisher claimed to be Asian but appeared to be African-American and jail records stated she was “ ‘Black.’ ” Fisher told Terrell she was receiving Zyprexa, Depakote, and hydroxyzine while in jail. Fisher reported she had been diagnosed as having bipolar disorder and schizophrenia and received SSI disability payments based on the diagnosis. However, Fisher did not believe she had any mental illness. Fisher also reported five inpatient psychiatric hospitalizations under Welfare and Institutions Code section 5150. She initially denied ever having auditory hallucinations, then later admitted experiencing them. She also first admitted visual hallucinations, then denied ever experiencing them. Fisher reported receiving numerous psychotropic medications over the years and experiencing paranoia. She also reported experiencing manic episodes. Fisher admitted to using methamphetamine for 10 to 15 years and cocaine for 30 years.