People v. Moss CA5

Filed 3/14/22 P. v. Moss CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F080647 Plaintiff and Respondent, (Super. Ct. No. 07CM7347HTA) v.

SPENCER MOSS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Valerie R. Chrissakis, Judge. Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Franson, J. and Meehan, J.

Defendant Spencer Moss appeals from a judgment extending his commitment as a mentally disordered offender (MDO) pursuant to Penal Code sections 2970 and 2972. 1 His counsel on appeal has filed an opening brief asking this court to conduct an independent review of the record pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436 (Wende). For the reasons set forth below, we affirm the judgment. BACKGROUND In 2008, Moss was convicted of battery by a prisoner on a nonprisoner (§ 4501.5). In 2014, he was admitted to the State Department of State Hospitals pursuant to the Mentally Disordered Offender Act (MDOA) (§ 2960 et seq.). On April 12, 2019, the district attorney filed a petition to extend the commitment. Trial commenced on January 8, 2020. Various psychiatrists and psychologists who treated Moss testified that he suffers from schizophrenia; makes delusional claims;2 refuses to take medication voluntarily; fails to acknowledge his mental illness; has exhibited violent behavior; and should remain in a controlled and monitored setting. On the other hand, Moss testified that he does not have a mental illness and the “claimed delusions . . . are true.” The jury found true the allegation that Moss “continues to suffer

1 Unless otherwise indicated, subsequent statutory citations refer to the Penal Code. 2Among other things, Moss asserted that he was one of J. Edgar Hoover’s pallbearers as a second grader; he became friends with President Richard Nixon at Hoover’s memorial service and “had him call [his sixth grade] class and speak to [the] class about world issues”; he “had been given a special license to carry a gun since he was 10 years old”; he “had been working with the L.A. Police Department at a young age catching sexual predators or store owners who sell liquor to underage individuals”; one of his work colleagues was actor Jack Webb, who was a police captain; he was kidnapped at the age of 13 or 14 but able to shoot his captor with a firearm delivered by “the FBI or SWAT” in a pizza box; he knew celebrities Gene Autry, Linda Carter, and Andy Griffith at or around the time of the kidnapping; at the age of 10, he had been sexually abused by his neighbor, who ended up being the district attorney who prosecuted him and sent him to prison; and he was a professional golfer, football player, and baseball player.