People v. Radtke CA2/6

Filed 7/7/21 P. v. Radtke CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B308828 (Super. Ct. No. 20PT-00441) Plaintiff and Respondent, (San Luis Obispo County)

v.

GERALD CHARLES RADTKE,

Defendant and Appellant.

Gerald Charles Radtke appeals from an order extending his commitment as a mentally disordered offender (MDO). (Pen. Code,1 § 2970.) He contends the commitment order must be reversed because there was insufficient evidence he had serious difficulty controlling his dangerous behavior. We affirm.

1 Further unspecified statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL HISTORY Radtke was convicted of assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)). In 2017, he was committed to Atascadero State Hospital for involuntary treatment as an MDO (§ 2962). The involuntary treatment was scheduled to expire in September 2020. In June 2020, the district attorney petitioned to recommit Radtke as an MDO. (§ 2970.) At a court trial, Dr. Kavita Chowdhary, a psychologist at Atascadero State Hospital, opined that Radtke suffers from schizoaffective disorder, bipolar type. She based her opinion on her observations, an interview with Radtke, consultation with his treating physicians, his medical records, the probation report, a police report, and the prior MDO evaluations. Dr. Chowdhary testified that Radtke has a “long history of mental health treatment” “over the last few decades,” including treatment in the state hospital and California Department of Corrections systems. He has two prior MDO findings (§ 2962). Radtke exhibits “symptoms of auditory hallucinations, persecutory delusions, paranoia, disorganization and poor self care, irritability, [and] aggression.” He also suffers mood lability (mood changes) and psychomotor agitation (periods of restlessness causing pacing and aggressive behavior). Radtke had two strokes in 2014 and 2016 which severely impaired his speech and cognitive abilities. The treatment providers reported it was more difficult to treat Radtke after his strokes, and he was not compliant with taking medication. He “continues to remain paranoid, irritable, but he’s become harder to treat with the fragility.”