People v. Ruiz CA3

Filed 7/6/22 P. v. Ruiz CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C094279

Plaintiff and Respondent, (Super. Ct. No. 00F05144)

v.

GREGORY RUIZ,

Defendant and Appellant.

Defendant Gregory Ruiz pled guilty to assault with a deadly weapon, was found not guilty by reason of insanity, and was committed to the State Department of State Hospitals. Defendant was conditionally released to outpatient treatment, but his outpatient status was revoked after he was convicted of driving under the influence of alcohol in 2020. Shortly thereafter, defendant petitioned the trial court to be returned to outpatient treatment under Penal Code1 section 1026.2. The trial court denied the petition, finding defendant was a danger to the health and safety of others due to mental defect, disease, or disorder. Defendant appeals, arguing the trial court’s decision is not supported by sufficient evidence. We affirm.

1 Undesignated section references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND I Underlying Offense In 2000, defendant, while suffering from paranoid delusions and hallucinations, stabbed a maintenance worker who entered his apartment to make a repair. The prosecution charged defendant with assault with a deadly weapon and alleged defendant had inflicted great bodily harm, and that he had three prior strike convictions. Defendant pled guilty. The trial court found him not guilty by reason of insanity and committed him to the State Department of State Hospitals. In 2013, defendant was released to outpatient treatment with the conditional release program (CONREP). In February 2020, defendant was driving and crashed into a sign near a freeway off-ramp. Defendant had a blood-alcohol content of 0.12 percent and had been drinking for several months before the crash. The court revoked defendant’s outpatient status. II Petition For Outpatient Treatment In September 2020, defendant applied to be released to outpatient status under section 1026.2. The trial court held a trial on the matter. Psychologists Christopher Fisher and Brittany Cunningham testified for defendant. Defendant also testified. The People called social worker Paul Cervelli and psychologist Camille Morgan. III Christopher Fisher Christopher Fisher, a forensic psychologist, had previously treated defendant at Napa State Hospital, but was currently in private practice and was retained by defendant. To evaluate defendant, Dr. Fisher had reviewed defendant’s treatment records, legal documents about his underlying offense, and interviewed defendant multiple times. Dr. Fisher explained the circumstances of defendant’s initial offense and said defendant’s paranoid delusions at the time