People v. Gram CA3

Filed 3/22/21 P. v. Gram CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C091437

Plaintiff and Respondent, (Super. Ct. No. 94F10155)

v.

CAREY LEWAN GRAM,

Defendant and Appellant.

Following a bench trial, the trial court renewed defendant Carey Lewan Gram’s mentally disordered offender (MDO) status and involuntarily committed him for an additional year. (Pen. Code, §§ 2972, 2972.1, statutory section references that follow are to the Penal Code unless otherwise stated.) Defendant appeals, arguing the renewal of this status is not supported by substantial evidence. We affirm the trial court’s order of commitment.

1

FACTS AND PROCEDURAL HISTORY In 1995, defendant was convicted of felony assault with a deadly weapon (§ 245) after he broke into his elderly neighbor’s apartment and hit her with a stick several times while she was in the bathtub. The trial court sentenced him to four years in prison. After defendant was paroled in 1998, he was involuntarily committed to the Department of Mental Health as an MDO, pursuant to section 2692. Defendant stayed in a mental hospital until January 2000, when he was released to the Conditional Release Program. However, he failed to meet the required conditions and was hospitalized again pursuant to section 2964. His commitment was extended multiple times. While hospitalized, defendant’s behavior became increasingly manipulative, inappropriately sexual, and violent. In January 2006, the Department Review Board approved defendant for transfer back to the California Department of Corrections and Rehabilitation due to his consistently problematic behavior and increase in paranoia. He was incarcerated in state prison until 2018, when he was transferred back to the state hospital pursuant to section 2972, where he has since remained. In 2019, the People filed a petition (§§ 2970, 2972) to extend defendant’s involuntary commitment from January 2020 to January 2021. Defendant waived his right to a jury trial and the petition proceeded as a bench trial. Dr. Roxanne Rassti, a forensic psychologist at defendant’s hospital who conducts yearly evaluations of MDO patients to assess their possible recommitment, testified on behalf of the prosecution. Dr. Rassti’s testimony relied upon defendant’s criminal record, commitment records and medical file, which included his prior forensic evaluation, treatment plans and notes, and progress reports. She further relied on her interview with defendant and consultation with his current treatment providers. She testified defendant suffered from schizoaffective disorder, bipolar type, which combines both psychotic symptoms and mood symptoms. His symptoms included auditory hallucinations, delusional ideation, paranoia, thought