P. v. Blackburn CA6

Filed 3/21/13 P. v. Blackburn CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038181 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. BB304666)

v.

BRUCE LEE BLACKBURN,

Defendant and Appellant.

Bruce Lee Blackburn is an inmate and patient at Coalinga State Hospital, and asserts on appeal that the court erred in ordering that he be involuntarily medicated with antipsychotic drugs, because the order is vague and overbroad. STATEMENT OF THE FACTS AND CASE In December 2003, appellant was convicted of burglary (Pen. Code, § 459),1 and false imprisonment (§ 236). As a condition of his parole in 2006, appellant was admitted as a mentally disordered offender (MDO) to Atascadero State Hospital pursuant to section 2962. Appellant was later transferred to Coalinga State Hospital, where he remains. In December 2011, the district attorney filed a petition pursuant to section 2972 and In re Qawi (2004) 32 Cal.4th 1 (Qawi), requesting an order to involuntarily medicate

1 All further unspecified statutory references are to the Penal Code.

appellant. The petition was accompanied by a report from appellant’s treating physician, Dr. Joseph Cook, who represented that appellant had a long history of psychiatric illness dating back to 1977, that he has had approximately 15 psychiatric hospitalizations and has been on a Qawi order for involuntary administration of medications since 2007. Dr. Cook concluded: “[Appellant] requires a Qawi order due to the fact that he demonstrates symptoms consistent with a severe mental illness, lacks insight into his psychiatric condition, and has been noncompliant with psychiatric medications. In addition, when he is not taking psychiatric medications, he becomes more paranoid and uncooperative with his medical care which results in him becoming a substantial danger to self and/or others.” Dr. Cook testified at the section 2972 hearing that appellant was taking Risperdal for schizophrenia, but that he complained of two side effects: trembling at night and foot tapping. Dr. Cook prescribed the additional medications of Cogentin, for the trembling, and Klonopin for the foot tapping. In addition, Dr. Cook stated that appellant did not think his medications helped him in any way, believing that their only effect was to cause to foot tapping and night trembling. Appellant told Dr. Cook he would not take the medications voluntarily. At the conclusion of the hearing, the court found that appellant was not competent to make medical decisions for himself, and made the following involuntary medication order, in relevant part: “[T]he court orders the Department of Mental Health [(Department)] to administer medication involuntarily to [appellant] for the purpose of rendering [him] safe.” DISCUSSION Appellant asserts that the court’s order that he be involuntarily medicated is vague and overbroad, because it does not specify the medications to be given, and does not state that the medications are necessary and appropriate for appellant’s treatment.