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Name: People v. Gray (2024) 101 Cal.App.5th 148
Case #: F085699
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/04/2024

Trial court lacked jurisdiction to modify an NGI acquittees’s maximum commitment term under Penal Code section 1172.75 because NGI acquittees have not been sentenced and thus do not fall within the relief provided by the statute. In 2016, Gray pled no contest to felony offenses. The trial court found him not guilty by reason of insanity (NGI) and committed him to DSH for a maximum term that included six one-year prior prison term enhancements. Following the passage of Senate Bill No. 136 and Senate Bill No. 483, which limited one-year prior prison term sentencing enhancements to sexually violent offenses, the…

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Name: People v. John
Case #: E070022
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/12/2019

A plea of guilty cannot be combined with a plea of not guilty by reason of insanity to the same charges. Defendant was charged with felony offenses and agreed to plead guilty to all counts. Additionally, defendant and the prosecutor both stipulated to a finding that defendant was insane when she committed the felony offenses and agreed defendant should "serve her sentence" at a state hospital. The trial court accepted the guilty plea and also found her not guilty by reason of insanity (NGI) pursuant to the stipulation. Five months into her commitment to a state hospital, defendant attempted to…

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Name: People v. Loya
Case #: F069487
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/26/2016

Trial court abused its discretion by rejecting a proposed plea bargain without any justification. Loya was charged with evading police, hit and run, resisting arrest, and other offenses. Although he negotiated a plea agreement with the prosecution for a stipulated term, he repeatedly informed the court that he really wanted to plead not guilty by reason of insanity (NGI) and the court repeatedly responded that it would not accept an NGI plea. At the end of the colloquy, the court refused to take an NGI plea and also refused to accept the plea agreement although Loya said he would sign…

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Name: People v. Leeds
Case #: B243376
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/28/2015

In sanity trial, the jury should have been instructed that the defendant was legally insane if (1) he suffered from a delusional state and (2) his delusion, if true, would lawfully justify killing in self-defense. Leeds, a paranoid schizophrenic, killed his father and three other men because he believed they were conspiring to kill him. Pursuant to a plea agreement that precluded imposition of a death sentence, he entered pleas of guilty and not guilty by reason of insanity to four counts of first degree murder, and admitted other allegations. At his sanity trial, defense experts testified that Leeds was…

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Name: People v. Blakely
Case #: D066381
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/16/2014

Trial court properly directed a verdict of sanity because defendant failed to present sufficient evidence for the jury to reasonably conclude he was incapable of distinguishing right from wrong when he robbed the victim, who he believed was a demon. After seeing Lamar with cash at a supermarket, Blakely attacked and robbed him in the parking lot. He pled not guilty by reason of insanity to assault with a deadly weapon and robbery. A jury found him guilty of both offenses and that he had suffered prior strikes. At the sanity phase of the trial, Blakely…

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Name: In re Greenshields
Case #: B252222
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/14/2014

Persons found not guilty by reason of insanity (NGI) have a constitutional right to refuse antipsychotic medication under certain circumstances based on equal protection principles. Greenshields was found not guilty of attempted murder by reason of insanity and the trial court committed him to a state hospital. While his most recent petition to extend his commitment was pending, Greenshields asked the trial court to enjoin the state hospital from treating him with antipsychotic medications against his will. The court denied the request and Greenshields filed a habeas petition in the Court of Appeal. Held: Petition granted. Persons…

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Name: People v. Elmore
Case #: S188238
Court: CA Supreme Court
District CalSup
Opinion Date: 06/02/2014

Unreasonable self-defense is a form of mistake of fact and therefore has no application when the defendant's belief in the need to defend himself is entirely delusional. Defendant, who was mentally ill, stabbed to death a woman at a bus stop. When charged, Elmore pleaded not guilty and not guilty by reason of insanity. At trial his request for instructions on unreasonable self-defense and hallucination was denied. After his conviction of first degree murder he withdrew his insanity defense. The Court of Appeal reversed for failing to instruct on hallucination, but rejected appellant's argument that the trial court erred for…

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Name: Sharp v. Superior Court
Case #: B222025
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 01/18/2011
Subsequent History: Rev. gr. 4/27/11 (S190646)

The 2010 amendment to Penal Code section 1054.3, subdivision (b) authorizes the prosecution to compel a mental examination of a defendant who pleads not guilty by reason of insanity (NGI). In November 2009, appellant pled guilty and NGI for crimes occurring in 2007. In January 2010, the prosecution sought to compel appellant to submit to a mental exam under amended section 1054.3, subdivision (b), which went into effect January 1st of that year. The trial court ruled the statute applied to a sanity determination after an NGI plea and ordered the exam. Appellant filed a petition…

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Name: People v. Henning
Case #: C060371
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/14/2009

Defendant had right to enter an NGI plea over counsel's objection, but the error in failing to allow him to do so was harmless where there was insufficient evidence of insanity. In his appeal from his conviction for burglary and attempted robbery, Henning contended that the trial court erred in disallowing him from entering an NGI plea over the objection of defense counsel. The appellate court held that a defendant has a right to personally enter the plea of his choice regardless of what his counsel thinks of the merits. However, although the trial court erred here in failing to…

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Name: People v. Clemons
Case #: B190535
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/12/2008

The decision to plead guilty or not guilty, including not guilty by reason of insanity, is solely defendant's, even in the instance where counsel believes a plea of not guilty by reason of insanity is a bad trial tactic. (Pen. Code, sec. 1018; People v. Gauze (1975) 15 Cal.3d 709; People v. Medina (1990) 51 Cal.3d 870.) Appellant was in custody on a burglary case. While meeting with counsel, at a locked courthouse interview room, the two being separated by a wire mesh, appellant lacerated his arm with a razor blade from a disposable razor provided by the…

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