People v. Bahena CA2/1

Filed 7/29/21 P. v. Bahena CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B307080

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. ZM027976)

v.

OSCAR BAHENA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura Streimer, Judge. Affirmed. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A Taryle and Colleen M. Tiedemann, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________

Defendant Oscar Bahena appeals the trial court’s order under Welfare and Institutions Code1 section 6500 committing him to residential placement under the authority of the State Department of Developmental Services. Bahena does not challenge the court’s finding that he poses a danger to others. Instead, he contends that there was no evidence that his developmental disability was a substantial factor in causing his dangerousness, as is required for commitment under section 6500. We disagree and affirm.

FACTS AND PROCEEDINGS BELOW Bahena, who is 31 years old, has a lengthy history dating back to at least 2004 of voluntary and involuntary psychiatric commitments, as well as maladaptive behaviors resulting in arrests. He has been diagnosed with both a developmental disability and schizophrenia, but he is not currently the subject of a conservatorship. In 2013, Bahena was charged with battery with serious bodily injury (Pen. Code, § 243, subd. (d)), after allegedly punching a nurse at the medical center where he was an inpatient. The court found him incompetent to stand trial and committed him to Patton State Hospital pursuant to Penal Code section 1370.1. After a psychiatrist filed a report indicating that Bahena was unlikely to become competent to stand trial for the foreseeable future, the People on September 24, 2015 filed a petition under section 6500 to commit Bahena to the State Department of Developmental Services on the ground that he