P. v. Young
Defendant Lamarrieo Young appeals from an order extending by two years his commitment to a state mental hospital which arose from his plea of not guilty by reason of insanity to a charge of violating Penal Code section 245, assault with a deadly weapon. (Pen. Code, 1026 [commitment upon plea of not guilty because insane], 1026.5, subd. (b).)[1] Defendant contends the trial court erred in denying his request for a jury instruction patterned after this courts opinion in People v. Galindo (2006) 142 Cal.App.4th 531, requiring the prosecution to prove defendant has serious difficulty in controlling dangerous behavior. Defendant also contends the trial court erred in denying a defense motion to dismiss the case based on the prosecutions failure to present evidence on this control issue, and the order should be reversed for insufficiency of the evidence. Court conclude any instructional error was harmless, and denial of the dismissal motion was proper because substantial evidence supports the order. Accordingly, Court affirm the order extending defendants commitment.
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