We filed our former opinion in this cause, holding that no equal protection or due process violation occurs when a defendant found insane at the time of the offense is committed to a state hospital for a maximum term equal to the upper base term for the underlying offense absent aggravating circumstances. We further held that while such a defendant is statutorily entitled to credit for actual
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PEOPLE v. SMITH
Docket No. 4485.
120 Cal.App.3d 817 (1981)
175 Cal. Rptr. 54
THE PEOPLE, Plaintiff and Respondent, v. ROGER DALE SMITH, Defendant and Appellant.
Court of Appeals of California, Fifth District.https://leagle.com/images/logo.png
June 23, 1981.
June 23, 1981.
Attorney(s) appearing for the Case
Howard J. Berman, under appointment by the Court of Appeal, for Defendant and Appellant.
Quin Denvir, State Public Defender, and Paul D. Fogel, Deputy State Public Defender, as Amici Curiae on behalf of Defendant and Appellant.
George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Joel Carey and J. Robert Jibson, Deputy Attorneys General, for Plaintiff and Respondent.
Court of Appeals of California, Fifth District.
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