PEOPLE v. ZICHKO

No. B169184.

13 Cal.Rptr.3d 509 (2004)

118 Cal.App.4th 1055

The PEOPLE, Plaintiff and Respondent, v. Robert John ZICHKO, Defendant and Appellant.

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

Review Denied August 11, 2004.


Attorney(s) appearing for the Case

Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan D. Martynec, Supervising Deputy Attorney General, Susan Lee Frierson, Deputy Attorney General, for Plaintiff and Respondent.


Certified for Partial Publication.*

PERREN, J.

In a bifurcated trial, Robert John Zichko was found not guilty by reason of insanity of making a criminal threat. (Pen.Code, §§ 1026, 422.)1 He appeals his order of commitment to the Department of Mental Health based on instructional error during the guilt phase of the trial. He contends that the trial court erred by failing to instruct the jury...

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