In an action involving a trial court order committing defendant to Porterville State Hospital, the trial court erred where: 1) due process rights are violated when the trial court determines that the charges pending against defendant involved death, great bodily injury, or an act which poses a serious threat of bodily harm to another person under Welfare and Institutions Code sec. 6500 as it is a matter for a jury; and 2) before a jury determines whether a person meets the criteria of Welfare and Institutions Code sec. 6500, the trial court must instruct the jury to find whether the person’s mental retardation is a substantial factor in causing serious difficulty in controlling their dangerous behavior. However, the appeal is dismissed as moot since the commitment order has expired.
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Appellate InformationAPPEAL from the Superior Court of Riverside County. Carl E. Davis, Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Dismissed.FOURTH APPELLATE DISTRICT, DIVISION TWOFiled June 24, 2009
JudgesBefore MILLER J., GAUT Acting P. J., KING J.Opinion by MILLER J.
CounselFor Plaintiff: Christopher Blake
For Defendant: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Peter Quon, Jr., and Angela M. Borzachillo, Deputy Attorneys General
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