People v. Linares CA2/6

Filed 5/19/21 P. v. Linares 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B308573 (Super. Ct. No. 20PT-00631) Plaintiff and Respondent, (San Luis Obispo County)

v.

CARLOS LINARES,

Defendant and Appellant.

Carlos Linares (appellant) appeals an order committing him to the Department of State Hospitals as a mentally disordered offender (MDO). (Pen. Code, § 2962 et seq.)1 He contends the evidence was insufficient to establish that his severe mental disorder was a cause or aggravating factor in the commission of the underlying crime of making a criminal threat (§ 422). (§ 2962, subd. (b).) We affirm. FACTUAL AND PROCEDURAL BACKGROUND On October 19, 2016, Tamara Muro, an employee of the Riverside County Sheriff’s Department, was working at the Larry

1 All statutory references are to the Penal Code.

D. Smith Correctional Facility. Muro received a phone call from appellant in the facility’s business office. Appellant told her “he was from the Mexican Mafia and that he was going to come to the jail facility and kill everyone.” He said “he had placed a green light on all of jail staff,” and then rambled on about “how he was going to kill everyone at the facility.” Muro eventually hung up. Muro feared for her safety “based on the recent attacks on law enforcement.” Sheriff’s Correction Assistant Jacquelyn Loggins, who overheard the call, also feared for her safety. Appellant has prior arrests for lewd/lascivious conduct, failing to register as a sex offender, driving under the influence, battery on a spouse, vandalism, assault with a deadly weapon, disobeying a court order, parole violations, and obstructing and delaying a peace officer. He was booked into the Riverside County Jail facilities six different times between March 2015 and October 2016. The latter arrest was “for making bomb threats at the Bank of America.” Appellant admitted he made the criminal threat to the jail staff “because he believed ‘Banning or Law and Order’ is ‘fucking’ with his family and ‘trapping his mother.’” He also said “he was a CIA agent, . . . part of the Mexican Mafia and Italian Mafia, and [that] his cell phone was a NASA phone.” Appellant denied having any “mental health problems,” but when questioned about the crime, he exhibited a lack of “a sense of reality.” During an interview, appellant’s mother said appellant “is ‘crazy’ and suffers from mental health problems and has schizophrenia. [She] said in the past [he] has told her he wanted to kill her because he claimed she was not his mother.” Appellant’s brother corroborated appellant’s prior schizophrenia diagnosis. Kevin Perry, Ph.D., a clinical psychologist at Atascadero State Hospital, interviewed appellant. He also reviewed two