P. v. McGraw

















Filed 8/6/10 P. v.
McGraw CA3













NOT
TO BE PUBLISHED



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opinion has not been certified for publication or ordered published for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

THIRD APPELLATE
DISTRICT

(Butte)

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>

THE PEOPLE, Plaintiff and Respondent, v. BRETT ALLEN McGRAW, Defendant and Appellant.

C061730 (Super. Ct. No. 070383)

Defendant Brett
Allen McGraw appeals the trial court's order granting a petition to extend by
two years his commitment pursuant to Penal Code section 1026.5.[1] In particular, he contends there is insufficient evidence to support the
court's finding that he poses a substantial danger of physical harm to others and
that he has serious difficulty controlling his dangerous behavior. We will affirm the court's order.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant's
psychiatric history began in his teens.
By the age of 23, defendant was found not guilty by reason of insanity
of assault with a deadly weapon after he fired a rifle toward his neighbor,
sending a bullet whizzing past the neighbor's head. After defendant was evaluated by a doctor,
the trial court found his sanity had been restored and ordered him to outpatient treatment.

In 1985
defendant's outpatient status was revoked and he was committed to a state
mental hospital with a maximum period of confinement set at four years. He was eventually transferred to Napa State
Hospital (NSH). His commitment there was
extended numerous times over the course of the next 20 years.

On September 13, 2007, the court issued
another order extending defendant's commitment at NSH. Defendant appealed that order and we remanded
for a new commitment trial â€