California v. Jenkins
Annotate this CaseDefendant-appellant Rhonda Jenkins appealed an order recommitting her as a mentally disordered offender pursuant to Penal Code sections 2970 and 2972. Jenkins contended substantial evidence did not support the trial court’s finding that she represented a substantial danger of physical harm to others because of her severe mental disorder. After careful review of the record, the Court of Appeal agreed: the mental health experts who evaluated Jenkins expressed concern that she was not ready to leave the hospital due to her mental illness and level of functioning, and that she had unrealistic expectations about the challenges she would face. "They nevertheless failed to identify any history of dangerous behavior beyond her commitment offense in 1999 or explain how their concerns translate into difficulty controlling her dangerous behavior." Because there was insufficient evidence to support a finding beyond a reasonable doubt that Jenkins then-represented a substantial danger of physical harm to others, the Court reversed the trial court’s order recommitting her for an additional year.
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