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PEOPLE v. PHILLIPS

No. B130959.

99 Cal.Rptr.2d 448 (2000)

83 Cal.App.4th 170

The PEOPLE, Plaintiff and Respondent, v. Charles PHILLIPS et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Six.

Rehearing Denied September 11, 2000.

Review Denied November 29, 2000.

Attorney(s) appearing for the Case

Anthony J. Dain, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant Lacey Harris.

Susan K. Reiser, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant Charles Phillips.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, John R. Gorey, Supervising Deputy Attorney General, William V. Ballough, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

GILBERT, P.J.

California employs the M'Naghten test for insanity. When committing an offense, the accused must be incapable of understanding the nature of his or her act, or distinguishing right from wrong. Here we conclude that the test for idiocy is the same.

Charles Phillips was found guilty of second degree robbery. (Pen.Code, § 211.)1 The jury also...

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