[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

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, Â§ 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.