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[Download] "Ramirez v. Superior Court of Santa Clara County" by First Appellate District, Division Three Court of Appeal of California ~ Book PDF Kindle ePub Free

Ramirez v. Superior Court of Santa Clara County

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eBook details

  • Title: Ramirez v. Superior Court of Santa Clara County
  • Author : First Appellate District, Division Three Court of Appeal of California
  • Release Date : January 25, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 76 KB

Description

Defendant Robert J. Froom appeals from an order committing him for a minimum period of 90 days to the state hospital or other mental institution, after a jury first found him guilty of violation of Penal Code section 246 (discharging a firearm at an inhabited dwelling), and then not guilty by reason of insanity (Pen. Code, § 1026). Defendant contends that the instructions during the guilt phase of his trial, on diminished capacity, unconsciousness and insanity were erroneous and confusing to the jury; that the trial court utilized an incorrect standard in determining whether he had regained his sanity; that former Penal Code section 1026 did not require the trial court to order a minimum commitment period of 90 days; and that if that section did so require it violates due process of law. We reject each of these contentions and affirm the order of commitment.


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