PEOPLE v. TILBURY

Docket No. S012984.

54 Cal.3d 56 (1991)

813 P.2d 1318

284 Cal. Rptr. 288

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL GORDON TILBURY, Defendant and Appellant.

Supreme Court of California.

August 1, 1991.


Attorney(s) appearing for the Case

COUNSEL

Charles R. Khoury, Jr., under appointment by the Supreme Court, for Defendant and Appellant.

Jean F. Matulis, Joseph A. Ragazzo and Stacy C. Mickell as Amici Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Steve White and Richard B. Iglehart, Chief Assistant Attorneys General, Harley D. Mayfield, Assistant Attorney General, Frederick R. Millar, Jr., Robert M. Foster, Jay M. Bloom and Janelle B. Davis, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

PANELLI, J.

The question before us is whether appellant, who has been found not guilty by reason of insanity and committed to a state hospital, is entitled to a jury trial on the issue of his eligibility for placement in a community mental health program as a supervised outpatient. (See Pen. Code, § 1026.2, subd. (e).)1 The Court of Appeal held that appellant was entitled to a jury trial....

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