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People v. Pierre R.

California Court of Appeals, Second District, Sixth Division

November 18, 2019

The PEOPLE, Plaintiff and Respondent,
v.
PIERRE R., Defendant and Appellant.

         [254 Cal.Rptr.3d 844] Superior Court County of San Luis Obispo, Matthew G. Guerrero, Judge (Super. Ct. No. 18PT-00498)(San Luis Obispo County)

         COUNSEL

         Christopher Lionel Haberman, Visalia, under appointment by the Court of Appeal for Defendant and Appellant.

         Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Christopher G. Sanchez, David F. Glassman, Deputy Attorneys General, for Plaintiff and Respondent.

          OPINION

         YEGAN, Acting P. J.

Page 166

          Pierre R. suffers from a multitude of mental infirmities. The trial court found that he is a Mentally Disordered Offender.

Page 167

(MDO Act; Pen. Code, � 2960 et seq.).[1] His range of mental infirmities provides a real challenge for mental health professionals. And it is somewhat challenging for the courts to "pigeonhole" his multiple disorders into the statutory scheme. He appeals the trial court’s order committing him to the Department of Mental Health for treatment. We affirm.

          Procedural History

          In 2016, appellant, a registered sex offender, accosted an 11-year-old girl in the presence of her mother. He walked his fingers up the girl’s arm and shoulder, touched her face, and tried to walk away with her. Mother protested. The police were summoned and appellant was arrested. Appellant pled no contest to felony annoying or molesting a child under the age of 18 with a prior conviction (� 647.6, subds. (a)(1) & (c)(1)). He was sentenced to state prison.

          In 2018, the Board of Prison Terms certified appellant as an MDO and committed him to the State Department of Mental Health for treatment. Appellant filed a petition challenging the decision (� 2966, subd. (b)), and personally waived jury trial.

         Doctor Angie Shenouda, a forensic psychologist, opined that appellant suffered from schizophrenia and pedophilic disorder, severe mental disorders pursuant to the MDO Act. She said that appellant had a long history of sexually deviant behaviors directed at prepubescent girls. The schizophrenia, described as schizoaffective disorder in appellant’s mental health records, was manifested by hallucinations, delusions, disorganized speech, and paranoia.

         Dr. Shenouda opined that the schizophrenia was not in remission and that appellant represented a substantial risk of harm to others because he lacked insight about his disorder and treatment. Appellant [254 Cal.Rptr.3d 845] also had a history of severe mental illness related violence. It was a concern because appellant had an untreated substance abuse problem, was not medication compliant, and was on probation or supervised release when he committed the qualifying offense.

          Admissibility of Police Reports to Establish That Commitment Offense Involved Force or Violence

          Appellant contends that the police report of the commitment offense was inadmissible and violated his due ...


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