PEOPLE v. MINOR

Docket No. A049813.

227 Cal.App.3d 37 (1991)

277 Cal. Rptr. 615

THE PEOPLE, Plaintiff and Appellant, v. JAMES THOMAS MINOR, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

January 29, 1991.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Stan M. Helfman amd Thomas A. Brady, Deputy Attorneys General, for Plaintiff and Appellant.

Steven Fama, under appointment by the Court of Appeal, for Defendant and Appellant.


OPINION

KING, J.

In this case we hold that the rule that a criminal defendant must be advised that commitment following a plea of not guilty by reason of insanity (NGI) may exceed the maximum possible term of imprisonment for the underlying crime is retroactive. If, at the end of the maximum term, an unadvised defendant remains a danger to others, the proper procedure is to seek civil commitment pursuant to the Welfare and Institutions...

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