P. v. Perkins
In 1986, defendant Donald Franklin Perkins was committed to the California Department of Mental Health after he was found not guilty by reason of insanity of first degree burglary, assault with a firearm, receiving stolen property, and battery upon a peace officer. Defendant has been in continuous mental health treatment since that time.
In February 2012, the Butte County District Attorney filed a petition for an order extending the commitment. After a trial to the court in April 2012, the court found beyond a reasonable doubt that defendant continues, by reason of a mental disease, defect, or disorder, to represent a substantial danger of physical harm to others and has serious difficulty controlling his dangerous behavior. After taking judicial notice of its files and pleadings, the trial court granted the petition and ordered defendant’s commitment extended for two years.
Defendant timely appealed to this court. We treated defendant’s motion for judicial notice as a motion to incorporate the record from his most recent prior recommitment (People v. Perkins (Mar. 26, 2012, C066057 [nonpub. opn.]), and as such granted the motion.
Comments on P. v. Perkins