Pub. Guardian of the Cnty. of Ventura v. P.D. (In re P.D.)
Pub. Guardian of the Cnty. of Ventura v. P.D. (In re P.D.)
Opinion of the Court
*1165P.D. appeals an order appointing the Public Guardian of the County of Ventura (Public Guardian) as the conservator of his person and estate after the jury found beyond a reasonable doubt that he is gravely disabled as a result of mental disorder. ( Welf. & Inst. Code,
FACTUAL AND PROCEDURAL HISTORY
P.D. suffers from schizophrenia. He was arrested for violating a restraining order that protects his family. The court found him incompetent to stand trial. It committed him to Sylmar Health and Rehabilitation Center for mental health treatment to restore his competency. After the criminal charges were dismissed, Public Guardian filed a petition for a conservatorship on the ground that P.D. is gravely disabled as a result of his mental disorder.
Murray Weiss, M.D., testified that P.D. was diagnosed with a mental disorder 10 years earlier, has delusions, and requires *81medication to control his symptoms. When not taking his medication, P.D. becomes angry, aggressive, and "impulse disordered." Dr. Weiss said that P.D. does not accept his diagnosis and believes his medications are "poison drugs."
Dr. Weiss opined that P.D. is unable to provide for his basic needs of food, clothing, and shelter as a result of his mental disorder. Without a conservatorship, P.D. will stop taking his medication and be "homeless and hungry and living from day-to-day and probably arrested for violating the restraining order when he goes back to his family residence."
*1166P.D. testified that he does not suffer from a mental disorder and does not need to take medication. He said that if released, he will return to his family or seek help from unnamed friends, none of whom he has contacted to discuss his plans. He denied the existence of an active restraining order which prevents him from contacting his wife and which formed the basis of his prior arrest.
The court instructed the jury and both counsel agreed that Public Guardian was required to prove the elements of grave disability beyond a reasonable doubt. And the court instructed the jury with CACI 4004, which provides: "In determining whether [P.D.] is gravely disabled, you must not consider or discuss the type of treatment, care, or supervision that may be ordered if a conservatorship is established."
But the court also gave two special instructions about the consequences of the verdict. The first one provides: "If you find [P.D.] is gravely disabled, the court may establish a conservatorship of the person and estate. [¶] The conservator shall have the right to require the conservatee to obtain medical treatment for any mental disorder that makes him gravely disabled. The conservator may place the conservatee in a state, county, medical, psychiatric, nursing or other state-licensed facility, or private hospital, or in a residential center or a board and care home. [¶] The conservator will have the right to receive and expend funds for the benefit of the conservatee, but is required to account to the court at specified times for his expenditures and receipts."
The second special instruction provides: "A conservatorship automatically terminates after one year, unless at the end of that period, another petition is filed, and it is proven the conservatee is presently gravely disabled in a court of law. During the year, the conservatee is entitled to a hearing on whether he is presently gravely disabled. The conservatee may also end the conservatorship during the year, based on a qualitied opinion that the conservatee is no longer gravely disabled."
DISCUSSION
P.D. contends the instructions taken as a whole created confusion and uncertainty about what matters the jury could consider and violated his right to due process. The special instructions were erroneous, but we are not persuaded that a miscarriage of justice resulted.
The LPS Act authorizes the superior court to appoint a conservator of the person for one who is gravely disabled. (§ 5350.1; Conservatorship of John L. (2010)
LPS commitment proceedings are subject to the due process clause because significant liberty interests are at stake. ( Conservatorship of John L. , supra , 48 Cal.4th at p. 150,
In criminal cases, jurors must not consider the consequences of the verdict. ( People v. Moore (1968)
P.D. asks us to extend the rule applied in criminal cases to LPS proceedings as a matter of due process because of the important liberty interests at stake. He points out that the rule has been extended to civil commitment proceedings for state hospital inmates found not guilty by reason of insanity, mentally disordered offenders (MDO), and sexually violent predators (SVP) in People v. Kipp (1986)
In Kipp , supra ,
In Collins , supra ,
In Rains , supra ,
As in Kipp , Collins , and Rains , information about the consequences of conservatorship for P.D. was irrelevant to the only question before P.D.'s jury: whether, as a result of a mental disorder, he is unable to provide for his basic personal needs for food, clothing, or shelter. (§ 5008, subd. (h)(1)(A).)
*1169But no miscarriage of justice resulted here. Other instructions clearly stated the burden of proof and identified the sole question before the jury. Public Guardian focused on the elements of grave disability and the burden of proof in his opening statement and closing argument, and did not refer to the special jury instructions which are challenged here. Counsel for both parties emphasized the correct instructions and the evidence was not close. Dr. Weiss's testimony that P.D. suffers from delusions which impair his ability to provide for his own basic needs was based on personal observations and was uncontradicted by any expert or third party. P.D. reinforced this testimony when he said he would return to a job which does not exist and a spouse who is a protected party under an active restraining order. P.D. was unable to articulate any rational plan for meeting his basic personal needs. The jury unanimously agreed that P.D. is gravely disabled beyond a reasonable doubt. There is no indication in the record that the jury was confused about its task.
Where an instruction in a criminal case relieves the prosecutor of its burden to prove every element of the offense beyond a reasonable doubt, the error is structural and reversal is required. ( Sullivan v. Louisiana (1993)
DISPOSITION
The order is affirmed.
We concur:
GILBERT, P. J.
PERREN, J.
All statutory references are to the Welfare and Institutions Code.
Reference
- Full Case Name
- CONSERVATORSHIP OF the Person and Estate of P.D. Public Guardian of The County of Ventura, and v. P.D., Objector and
- Cited By
- 6 cases
- Status
- Published