People v. Bushee CA1/2

Filed 7/11/24 P. v. Bushee CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A169900 v. ANDY BUSHEE, (Solano County Super. Ct. Nos. FCR197955 & FCR205793) Defendant and Appellant.

After a one-day bench trial, the trial court found defendant Andy Bushee to be a mentally disordered offender and extended his commitment to the Department of State Hospitals from March 10, 2024, to March 10, 2025, under the Mentally Disordered Offender Act (MDOA) (Pen. Code,1 § 2962 et seq.). Bushee’s counsel filed an opening brief finding no arguable issues and acknowledging that the procedure for our independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende) does not apply to postconviction civil commitment orders under the MDOA. (See People v. Taylor (2008) 160 Cal.App.4th 304, 312–314 (Taylor).) Counsel also informed defendant that he had the right to file a supplemental brief on his own behalf, but he declined to do so. Following Taylor, we dismiss the appeal.

1 Further undesignated statutory references are to the Penal Code.

1

BACKGROUND In 2002 and again in 2003, Bushee pleaded no contest to one count of battery on a non-confined person by a prisoner (§ 4501.5), and was sentenced to state prison. In 2006, Bushee was admitted to the Department of State Hospitals, and in 2009, to Patton State Hospital, where he is currently housed. On August 11, 2023, pursuant to section 2970, the prosecution filed a petition to extend Bushee’s civil commitment for a period of one year until March 10, 2025, alleging that he continued to suffer from a severe mental disorder that was not in remission and/or could not be kept in remission without treatment and that he represented a substantial danger to others. After Bushee denied the allegations of the petition and waived his right to a jury trial, a court trial was held on the petition on February 6, 2024. Dr. Joshua Craig testified that he has been Bushee’s treating psychologist at Patton State Hospital since June 2021 and sees Bushee a minimum of two or three times per week. Dr. Craig diagnosed Bushee with schizophrenia, based on symptoms including hallucinations or delusions, disorganized speech and behavior, and negative symptoms including lack of motivation and diminished expression of emotions. Dr. Craig testified that Bushee has displayed these symptoms within the past year, despite receiving medication and treatment. In March 2023, Dr. Craig placed Bushee on a “Rover” order requiring increased observation status, because Bushee was “displaying objective signs of paranoia and anxiety, which put him at heightened risk.” Around March of 2023, Bushee’s roommate “express[ed] irritation that he was snapping too much . . . and requested a room change.” This had