P. ex rel. State Dept. of State Hospitals v. S.F. CA2/6

Filed 7/26/22 P. ex rel. State Dept. of State Hospitals v. S.F. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ex rel. STATE 2d Crim. No. B317820 DEPARTMENT OF STATE (Super. Ct. No. 21MH-0003) HOSPITALS, (San Luis Obispo County)

Plaintiff and Respondent,

v.

S.F.,

Defendant and Appellant.

S.F. appeals from the trial court’s order compelling his involuntary medication with antipsychotic drugs. S.F. contends the medication order should be vacated because there was insufficient evidence that he lacks the capacity to make informed decisions about his medical treatment. We affirm.

FACTUAL AND PROCEDURAL HISTORY S.F. was committed to Atascadero State Hospital in June 2020 as an offender with a mental health disorder (OMHD).1 (See Pen. Code, § 2962 et seq.) In January 2021, the Department of State Hospitals petitioned the trial court to order S.F. to undergo involuntary treatment with antipsychotic medications pursuant to In re Qawi (2004) 32 Cal.4th 1 (Qawi) and Welfare and Institutions Code section 5300 et seq. The court granted the petition, and ordered that S.F. be involuntarily medicated for up to one year. In January 2022, the Department petitioned the trial court to renew the order compelling S.F.’s involuntary medication. The petition alleged that S.F. has been diagnosed with schizoaffective disorder, bipolar type, and suffers from auditory hallucinations, persecutory delusions, and disorganized behavior and thought processes, among other allegations. He does not believe he needs treatment because he does not have a mental disorder and does not benefit from antipsychotic medication. Dr. David Fennell testified as an expert at the hearing on the Department’s renewal petition. He said that S.F. was diagnosed with schizoaffective disorder in his late teens or early 20’s. The disorder primarily manifests itself as auditory hallucinations, which S.F. describes as a “natural ability to hear voices” or telepathy. S.F. exhibits irritation, agitation, and paranoia, including the belief that others wish to do him harm. He has a history of noncompliance with his medication regimen and a history of becoming angry and irritable to the point of getting into physical