People v. Somerset

Opinion

POCHÉ, Acting P. J.

Defendant James C. Somerset was charged by information with the murder of James Ross (Pen. Code, § 187)

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with the use

[1126]

of a deadly weapon (a knife) (§ .12022, subd. (b)). After initially having been found incompetent to stand trial, he was later deemed competent and entered pleas of not guilty and not guilty by reason of insanity (NGI). After the trial on his not guilty plea (the guilt phase) the jury found defendant guilty of murder in the second degree and found the use allegation to be true. Following the trial on his plea of not guilty by reason of insanity (the sanity phase) the jury found him not legally sane. He was thereafter committed to Atascadero State Hospital for the maximum term of 16 years to life. This timely appeal from the order of commitment follows.

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I.

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Review

II.

A.

Initially we consider the Attorney General’s claim that defendant cannot complain of any errors which occurred during the guilt phase because the NGI finding has rendered that proceeding moot. We are persuasively unpersuaded.

In 1968, the Legislature amended section 1237 to provide that an appeal may be taken by a defendant from “the commitment of a defendant for insanity” and that such an order of commitment “shall be deemed to be a final judgment within the meaning of this section.” (§ 1237, subd. 1; see Stats. 1968, ch. 315, § 2, p. 685.) On an appeal taken by a defendant, the appellate court may review “any question of law involved in any ruling, order, instruction, or thing whatsoever said or done at the trial or prior to or after judgment . . . which affected the substantial rights of the defendant.” (§ 1259.) The events at the guilt phase clearly affect the substantial rights of one found not guilty by reason of insanity because a valid guilt determination is a prerequisite to any NGI commitment (§ 1026, subd. (a);