P. v. Lowder CA2/6

Filed 3/28/13 P. v. Lowder CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, 2d Crim. No. B243669 (Super. Ct. No. F475081) Plaintiff and Respondent, (San Luis Obispo County)

v.

MICHAEL LOWDER,

Defendant and Appellant.

Michael Lowder appeals from an order declaring him to be a mentally disordered offender (MDO) and committing him to the Department of Mental Health for treatment. (Pen. Code, § 2960 et seq.)1 He contends the evidence is insufficient to support the trial court's finding that he presents a substantial danger of physical harm to others. We affirm. FACTS AND PROCEDURAL BACKGROUND In January 2011, appellant pled guilty to the crime of stalking his ex- girlfriend in violation of a restraining order. (§ 646.9, subd. (b).) The trial court placed appellant on probation for a period of three years. Four days later, appellant violated probation by filing a false police report claiming his ex-girlfriend and her boyfriend had kidnapped him and held a gun to his head. Immediately upon his release from jail a few

1 All statutory references are to the Penal Code.

months later, he again violated probation by contacting his ex-girlfriend and vandalizing her automobile. The trial court revoked his probation and sentenced him to three years in state prison. On June 7, 2012, the Board of Prison Terms, now known as the Board of Parole Hearings, determined that appellant was an MDO subject to involuntary treatment as a condition of parole. Appellant petitioned for a hearing and waived his right to a jury trial. (§ 2966, subds. (b) & (c).) Dr. Brandi Mathews, a psychologist at Atascadero State Hospital (ASH), testified for the People. Dr. Mathews reviewed appellant's medical records from ASH, including two prior MDO evaluations, a police report regarding his commitment offense, physician progress notes, interdisciplinary notes and prior ASH medical records from when he was committed under section 1370 in connection with his commitment offense.2 Dr. Mathews personally interviewed appellant on the day of the hearing. Based on this information, Dr. Mathews opined that appellant met the criteria for MDO treatment. Dr. Mathews determined appellant suffers from a severe mental disorder, as defined in section 2962, subdivision (a)(2). Appellant has a well-documented history of displaying psychotic symptoms, especially paranoia, dating back at least 10 years. During his paranoid episodes, appellant believes people are trying to kill or poison him. For example, he thought that his ex-girlfriend, her boyfriend, a judge and an attorney were conspiring to kill him. Dr. Mathews detailed the commitment offense and appellant's paranoid ideation regarding his ex-girlfriend. On the morning of the offense, appellant called his ex-girlfriend and said he would "eat [her] eyes out," and "wanted blood this time." Later that day, appellant placed a dead raccoon with pantyhose around its mouth/neck on his ex-girlfriend's car. Dr. Mathews described this behavior as "bizarre," and noted that