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People v. Redus

The evidence was insufficient to support the court’s finding that the NGI defendant was dangerous 45 years after his offense despite continuing mental illness.

Defendant who had been found not guilty by reason of insanity extended his civil commitment under Penal Code section 1026.5. The evidence was insufficient to support the court’s finding that his mental illness prevents him from controlling his potentially dangerous behavior. Defendant was an old man in his late 70's after 45 years of hospitalization who continues to exhibit delusions and paranoia, but despite his condition defendant hasn’t committed a violent or aggressive act (or spoken in a violent or threatening way) in 45 years. The appeal was moot because defendant was recently released but the court considered the issue because it was likely to recur.

____ Cal.App.5th ____, ____ Cal.Rptr.3d ____, 2020 D.A.R. 10400 (1st Dist. 2020) September 22, 2020 (A157368)

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