People v. Mosquera CA5

Filed 12/12/22 P. v. Mosquera 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083099 Plaintiff and Respondent, (Super. Ct. No. BF143182A) v.

LORENZO MOSQUERA, OPINION Defendant and Appellant.

THE COURT * APPEAL from an order of the Superior Court of Kern County. Judith K. Dulcich, Judge. Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Darren K. Indermill and Paul E. O’Connor, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Poochigian, J. and Snauffer, J.

Appellant Lorenzo Mosquera challenges the trial court’s decision to extend his commitment to Patton State Hospital. Appellant’s only issue in this appeal concerns the adequacy of the evidence supporting the trial court’s findings. Following our review of the record, we conclude substantial evidence supports the findings made by the trial court and affirm the order extending appellant’s commitment entered below. PROCEDURAL AND FACTUAL SUMMARY On May 11, 2021, a petition was filed to extend appellant’s commitment to the State Department of Mental Health1 pursuant to Penal Code2 section 1026.5, subdivision (b). The petition alleged appellant was first committed in January 2016, after having been found not guilty by reason of insanity (NGI) of attempted murder (§§ 664/187, subd. (a)), and arson causing great bodily injury (§ 451, subd. (a)). Based on the jury’s verdict, the court committed appellant to a state hospital for a period of nine years, with credits of 1,334 days. This particular period of commitment was scheduled to expire in July 2021. On May 11, 2021, the people filed a petition to extend appellant’s civil commitment pursuant to section 1026.5, subdivision (b). A report prepared by a senior psychologist specialist, Kerry Hannifin, was attached to this petition and recommended appellant’s commitment be extended because he posed a substantial risk of physical harm to others and continued to have difficulty controlling his dangerous behavior. This report was prepared in November 2020, approximately eight months before the trial. Hannifin was the only witness that offered testimony at the court trial considering the petition. Hannifin testified her evaluations are usually based on a review of the patient’s records, along with notes from psychiatrists, social workers, rehabilitation therapists, other psychologists, and nursing staff. Hannifin also stated she reviews