People v. Mendez

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In 1991, Mendez was found not guilty by reason of insanity and was committed to the Napa State Hospital. In 2003, he stabbed another patient with a homemade weapon. He was convicted of assault with a deadly weapon and committed as a mentally disordered offender (MDO) (Penal Code 2962). His commitment was twice extended. At trial, the prosecution called three expert witnesses. At the request of the prosecution, the court modified the jury instructions to state, “Because of his severe mental disorder, he presently represents a substantial danger of physical harm to others if released into the community unsupervised.” The court of appeal reversed for a new trial. Two experts testified Mendez had not recently engaged in violent acts, he behaved well, was stable when medicated, complied with rules, and presented a low to moderate risk for violence. Both testified about past instances when Mendez had stopped taking his medication and opined he would go off medication and become a danger if released to the community. In light of those expert opinions, the incorrect modification of the instructions, and the extensive argument about what would happen if the jury declined to order Mendez recommitted, it is reasonably probable a more favorable result would have been reached without the error. View "People v. Mendez" on Justia Law