PEOPLE v. McCUNE

Docket No. C019016.

37 Cal.App.4th 686 (1995)

43 Cal. Rptr. 804

THE PEOPLE, Plaintiff and Respondent, v. DONALD RAY McCUNE, Defendant and Appellant.

Court of Appeals of California, Third District.

August 8, 1995.


Attorney(s) appearing for the Case

COUNSEL

Paul Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Gregory W. Baugher and Maureen A. Daly, Deputy Attorneys General, for Plaintiff and Repondent.


OPINION

DAVIS, J.

In this case we construe Penal Code section 1026.5 (hereafter, section 1026.5), which governs state hospital commitments for those found not guilty by reason of insanity. Section 1026.5, subdivision (a), sets forth a "maximum term of commitment" (equal to the maximum prison term had there been a conviction); and section 1026.5, subdivision (b), sets forth an exception to this "maximum term": if the committed individual...

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