People v. Hartshorn

Opinion

O’ROURKE, J.

Defendant Brandon Hartshorn appeals from an order granting a petition to extend his commitment pursuant to Welfare and Institutions Code section 6500, following a jury finding he is a “mentally retarded person, is a danger to himself or others, and has serious difficulty controlling his dangerous behavior because of his mental retardation . . . .”1 Raising equal protection grounds, Hartshorn contends the trial court prejudicially erred by failing to instruct the jury that he posed a substantial risk of serious physical harm to himself or others to support a tme finding…