People v. Matthew B. CA2/6

Filed 6/23/21 P. v. Matthew B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B309221 (Super. Ct. No. 20PT-00593) Plaintiff and Respondent, (San Luis Obispo County)

v.

MATTHEW B.,

Defendant and Appellant.

Matthew B. appeals the judgment declaring him a mentally disordered offender (MDO) and committing him for treatment to the California Department of Mental Health as a condition of parole. (Pen. Code, § 2962 et seq.)1 Appellant’s sole contention is that his commitment offense – felony vandalism (§ 594, subds. (a), (b)(1)) – does not meet the MDO criteria. We affirm.

1 All statutory references are to the Penal Code.

The Commitment Offense Appellant became belligerent while riding on a public trolley in San Diego. Adolfo Davis told the police: “I was on the trolley . . . when all of a sudden [appellant] started . . . screaming at [a] little girl saying, ‘bitch what are you looking at.’ The little girl was visibly upset and she started crying. I looked at [appellant] and he jumped at me while I was still sitting down . . . . [H]e grabbed my neck with his hand and squeezed it. I put him in a head lock and ‘put the drop on him.’” Davis “sustained a red scratch/bruise about four inches long on the right side of his neck just above the collar bone.” A security officer for the trolley said: “I was standing here at the trolley [station and] when [the trolley] showed up a lot of people started rushing off of the trolley saying there was a crazy guy in there punching windows. When I got on [the trolley] I saw [appellant] had just finished punching the [trolley] window.” Appellant damaged two windows – “the exit door window that is about three feet by one foot” and “the window that divides the seating area and the waiting platform inside the trolley.” The latter window “is about three feet by four feet.” The cost of the damage was approximately $2,500. At the MDO hearing appellant testified: He was “upset . . . because my grandma’s house [had] burnt down.” He was “yelling at everybody on the trolley” because “they said that my mom got fucked by a donkey . . . and . . . they were making fun of my grandma’s house burning down.” “[L]ittle girls” on the trolley were “watching a video of me” on their cell phone. “[T]hey were acting like they had something in the phone of me or they were videotaping me, so I was tripping out.”