### FILED JULY 19, 2016 In the Office ofthe Clerk ofCourt WA State Court ofAppeals, Division III

IN THE COURT OF APPEALS OF THE STA TE OF WASHINGTON DIVISION THREE In re the Matter ofthe Involuntary Treatment of

J.E.H. ) ) ) ) ) ) ) No. 

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UNPUBLISHED OPINION

FEARING, C.J. -JoshuaHenry appeals a trial courtruling ordering his involuntary confinement for one hundred eighty days for schizophreniatreatment. Joshua Henry is a fictitious name. Henry contends the trial court lacked sufficient evidenceto commithim for involuntary treatment. Because clear, cogent, and convincing evidence supports the superior court's findings offact and the findings support the conclusions oflaw, we affirm the trial court's order. FACTS One September

### 2014 night, Joshua Henry broke a window and entered a commercial building in Walla Walla. Witnesses calledpolice, who arrived and foundNo. 33612-3-III In re Involuntary Treatment of J.E.H Henry locked in a backroom. Henry told the officers that he ownedthe building and that they trespassed on his property. Further investigation revealed thatthe TuckerLiving Trust, not Joshua Henry, ownedthe building. The State ofWashington charged Joshua Henry with second degree burglary and two misdemeanors. In March 2015, the Walla Walla County Superior Court ordered a stay ofproceedings pending Henry's stay in Eastern State Hospital for a forty-five day mental health evaluation. After evaluating Henry, Eastern State Hospital psychologist Randall Strandquist diagnosed Henry with schizophrenia and concluded that Henry did not possess the capacity to understand legal proceedings against him. Dr. Strandquist reported his findings to the Walla Walla County Superior Court and recommendedthat Henry be evaluated for civil commitment. OnMay 13, 2015, the Walla Walla County Superior Court dismissed the charges against Henry withoutprejudicepursuantto refile pursuantto RCW 10.77.086(4). PROCEDURE In late May 2015, Randall Strandquist andpsychiatrist Lawrence Martin filed, in Spokane County Superior Court, a petition and supporting affidavits to detain Joshua Henry for one hundred and eighty days ofinvoluntary treatment. The petition alleged that Henry required hospitalization because, due to his mental disorder, he presented a substantial likelihood ofrepeating similar criminal acts ifreleased into the community without treatment. 2No. 33612-3-III In re Involuntary Treatment of J.E.H
At a June 2015 hearing onthepetition for involuntary confinement, Lawrence Martin testified that Joshua Henrypossesses grandiose delusions, including a beliefthat he is a Korean Warhero who served from 1996 to 1998, thathe rescued a wounded soldier in mid-air byjumping from a helicopter attached to a bungee cord and catching the falling soldier in his arms, that he suffers from extensive warwounds, and that he is
an Indian chiefcalled ChiefWooky Wooky. Historians will note thatthe Korean War occurred between 1950 and 1953. Dr. Martin also testified that Joshua Henry denies suffering anything more than posttraumatic stress disorder, continues to believe he owns the building he unlawfully entered, will nottake medication, and will not seekneeded treatment ifreleased from Eastern State Hospital. During the hearing, Henry testified he suffers from no mental illness. Therefore, he refuses to take medication or seek treatment. Henry explainedthat he inheritedthe Walla Walla commercial building from Henry Ford III and that he also owns a Wells Fargo Bank. The Spokane County Superior Court commissioner granted thepetition for involuntary treatment. In findings offact and conclusions oflaw entered, the court incorporated the allegations oftheparties and the supporting affidavits ofthe medical professionals. The court found a substantial likelihood that Joshua Henry, because ofa mental disorder, would repeat acts similarto those crimes thatthe Walla Walla County Superior Court dismissed. Accordingly, the court ordered Henry to submitto one hundred and eighty days ofinvoluntary treatment. 

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# tNo. 33612-3-111 In re Involuntary Treatment of J.E.H.
Joshua Henry appealed the order ofinvoluntary treatment. He has since completedthe one hundred and eighty days oftreatment. We, nonetheless, entertain Henry's appeal because the order ofconfinement andtreatment holds collateral consequences for future commitment determinations. In re Det. of MK., 168 Wn. App. 621, 625-26, 279 P.3d 897 (2012). ANALYSIS Joshua Henry contends the evidence does not supportthe trial court's conclusion thathe needed one hundred and eighty days ofinvoluntary treatment. When, as here, the trial court weighedthe evidence, we limit ourreviewto determining whether substantial evidence supports the findings and whetherthose findings supportthe trial court's conclusions oflaw. In re Det. of LaBelle, 107 Wn.2d 196,209, 728 P.2d 138 (1986); In
re Det. of A.S., 91 Wn. App. 146, 162, 955 P.2d 836 (1998). Whenthe superior courtrules that a felony defendant is incompetentto standtrial and dismisses the felony charges, the professional in charge ofa treatment facility may file a petition for one hundred and eighty days oftreatment underRCW 71.05.280(3). RCW 71.05.290(3). Thepetition mustpresent clear, cogent, and convincing evidence that, as a result ofa mental disorder, the person "presents a substantial likelihood of repeating similar acts" ifreleased without further treatment. RCW 71.05.31O; RCW 71.05.280(3).

4No. 33612-3-III In re Involuntary Treatment of J.E.H
Joshua Henry contends the trial court resorted to speculation and conjecture in finding that he needed mental health services. He contends the trial court failed to articulate any facts to support its finding, which he labels a conclusion oflaw, that he possesses a mental disability thatrenders him substantially likely to repeat acts similarto second degree burglary. The trial court's findings offact, conclusions oflaw, and order are contained in a form document with handwritten notations relevant to JoshuaHenry's case. Although the document lacks detailed findings offact, it incorporates the affidavits ofthe medical professionals as findings. These affidavits andHenry's testimony at the hearing establish that Henry suffers from chronic schizophrenia, denies he has a mental disorder, will not take medications or seektreatment ifreleased, and continues to believe he owns property he entered illegally. This evidence clearly, cogently, and convincingly supports the trial court's finding that Henry has a mental disorderthat carries a substantial likelihood he will repeat similar criminal acts. In turn, the finding supports the conclusion that involuntary treatment isjustifiedunder RCW 71.05.280(3). CONCLUSION Based on overwhelming evidence, the trial court found that Joshua Henry possessed a mental disorder and that Henry was substantially likely to repeat acts similar to second degree burglary ifreleased without treatment. Accordingly, we affirm the order ofcommitment for one hundred and eighty days ofmental health treatment. 5 

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### I I No. 33612-3-111 In re Involuntary Treatment of J.E.H
A majority ofthe panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to RCW 2.06.040.

WE CONCUR: 

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