P. v. Lindsey CA2/6
Ronald Terry Lindsey was found not guilty by reason of insanity of assault with a deadly weapon and battery causing serious bodily injury. (Pen. Code, §§ 243, subd. (d), 245, subd. (a)(1), 1026.) He was committed to the Department of State Hospitals (DSH) for 14 years. The People petitioned to extend his commitment in 2017. Appellant contested the petition.
A jury found that appellant represents a substantial danger of physical harm to others by reason of a mental disease, defect or disorder. (Pen. Code, § 1026.5, subd. (b)(1).) The judgment extends his commitment to May 17, 2019.
We conclude that appellant’s state hospital records were properly admitted at trial. (Evid. Code, § 1280.) His treating doctor could cite facts from the records when testifying, without violating appellant’s right to confront witnesses. Further, the doctor’s face-to-face contacts with appellant, without more, support the judgment. We affirm.
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