Modification: CA Dept. of St. Hospitals v. A.H.

CALIFORNIA DEPARTMENT OF STATE HOSPITALS,

Plaintiff and Respondent,

v.

A.H.,

Defendant and Appellant.

2d Crim. No. B286187

(Super. Ct. No. 17MH-0109)

(San Luis Obispo County)

California Courts of Appeal

Second Appellate District

Division Six

Filed Oct. 15, 2018

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on September 21, 2018, be modified as follows:

1. On page 2, second full paragraph, change the first sentence "Appellant's commitment offense occurred in 2013" to read:

"The Qawi petition states that appellant's commitment offense occurred in 2013."

2. On page 3, delete the first sentence starting with "He petitioned the Superior Court for relief" and insert the following:

"Hospital filed a verified petition to authorize the continued involuntary medication of appellant pursuant to Qawi, supra, 32 Cal.4th 1. (See Cal. Code, Regs., tit. 9, § 4210, subd. (p).)"

3. At the bottom of page 3, after the last sentence "The evidence credited by the trial court is sufficient to support the Qawi order" insert the following footnote "²":

"²Appellant complains that the Qawi petition, which was verified by a hospital staff psychiatrist, was not received into evidence. Dr. Daigle testified that he reviewed the "petition for today's matter," appellant's medical and medication records, interviewed appellant, and spoke to appellant's treating psychiatrist. Referring to the petition, the doctor stated that appellant "did act out earlier" and was "given mood stabilizing medication," but still "has delusions." On direct, appellant was asked about the May 4, 2017 incident alleged in the petition in which hospital police searched appellant for contraband. Appellant said "I took advantage of the situation" and "faked an anxiety attack," before "they went and threw me in restraints."

There is no change in judgment.

Appellant's petition for rehearing is denied.