People v. Ruiz CA2/6

Filed 1/27/21 P. v. Ruiz CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B306564 (Super. Ct. No. ZM049908) Plaintiff and Respondent, (Los Angeles County)

v.

RICHARD RUIZ,

Defendant and Appellant.

Richard Ruiz appeals an order determining that he is a developmentally disabled person who is dangerous to himself or others, and committing him for one year to the State Department of Developmental Services (Department) pursuant to Welfare and Institutions Code section 6500.1 We affirm. FACTUAL AND PROCEDURAL HISTORY In July 2017, Ruiz was prosecuted in two criminal proceedings in Los Angeles County. The first prosecution

All statutory references are to the Welfare and 1

Institutions Code unless stated otherwise.

concerned his making repeated criminal threats to shoot an employee of the California State Council of Developmental Disabilities. Ruiz informed the employee that he had access to a shotgun and would shoot him in the head. (Pen. Code, § 422.) The second prosecution concerned Ruiz resisting a police officer by activating a taser to challenge the officer. (Id., § 69.) In addition, in June 2017, an employee of the Eastern Los Angeles Regional Center obtained a temporary restraining order against Ruiz after he followed her to her vehicle, shouted profanities at her, circled her vehicle, and attempted to block her from leaving the parking lot. Prior to the commencement of trial, the trial court found Ruiz incompetent to stand trial and ordered him committed to the Department. Psychological evaluations performed opined that Ruiz suffers from moderate intellectual disability, bipolar disorder, autism, and schizophrenia. Ruiz was placed at the Porterville Developmental Center for restoration of competency. On March 12, 2019, prior to the end of Ruiz’s maximum commitment for restoration of competency, the Los Angeles County prosecutor filed a petition for commitment pursuant to section 6500 (“Persons with Intellectual Disabilities”). Following an uncontested hearing, the trial court found that Ruiz was a developmentally disabled person who is dangerous to himself or others, and that there was no suitable alternative to judicial commitment to the Department. The court then committed Ruiz to the Porterville Developmental Center for one year. In February 2020, the Department moved Ruiz into a community setting, i.e., an independent living apartment in San Gabriel. There Ruiz received continuous monitoring and supervision through a regional center vendor.