People v. Wadsworth

[980]

Opinion

FILES, P. J.

This appeal is brought here on behalf of a person who was committed to a state hospital by reason of a finding of not guilty by reason of insanity, and who has apparently been in confinement for a longer time than the term which he would have served if he had been sane.

By information filed February 13, 1973, appellant was charged with having committed a burglary. On March 28, 1973, the court determined that he was then incompetent to stand trial and committed him to the Department of Mental Hygiene. Upon a finding that he had regained his sanity, criminal proceedings were resumed on November 14, 1973. Appellant was eventually found to have committed the charged offense. The court did not specify the degree of the crime and respondent concedes that it should be deemed to be of the second degree. The trial court then found that appellant was not guilty by reason of insanity and on January 9, 1974, committed him to the Department of Méntal Hygiene for placement in a state hospital pursuant to Penal Code section 1026. On January 28, 1978, the superior court ordered him paroled. On August 18, 1978, after receiving a report from appellant’s parole supervisor, the court revoked parole and ordered appellant returned to Patton State Hospital pursuant to Welfare and Institutions Code section 7375, subdivision (e), for further inpatient treatment. He has appealed from that order.

During the pendency of this appeal, our Supreme Court filed its opinion in the case of

In re Moye

(1978) 22 Cal.3d 457, 467 [149 Cal.Rptr. 491, 584 P.2d 1097]. That opinion states: “Specifically we hold that principles of equal protection require (subject to the availability of either an extended commitment as outlined below, or a civil commitment under the LPS act) that persons committed to a state institution following acquittal of a criminal offense on the ground of their insanity cannot be retained in institutional confinement beyond the maximum term of punishment for the underlying offense to which, but for their insanity, they would have been convicted. To the extent practicable, and in the absence of further legislation applicable to commitments under Penal Code section 1026, calculation of the maximum term of punishment should be made in accordance with the principles expressed in section 6316.1 of the Welfare and Institutions Code.”