Legal Opinion
In Re Banks
California Court of Appeal
Decided January 26, 1979No. Crim. 10103PublishedCited by 15 opinions
1Opinion of the Court
Opinion
GARDNER, P. J.
In this case we hold that constitutional principles of equal protection and due process of law mandate that in calculating the maximum duration of an incompetency commitment under Penal Code sections 1368-1370, credit must be given for precommitment confinement attributable to the same criminal prosecution.
Petitioner, charged with a misdemeanor—brandishing a deadly weapon, Penal Code section 417, subdivision (a)—pleaded not guilty and not guilty by reason of insanity. After a guilty verdict on the guilt phase and before the sanity phase could begin, he was found to be…
2Cases cited27 opinions
- Goss v. LopezSupreme Court of the United States · 1975
- Pate v. RobinsonSupreme Court of the United States · 1966
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Jackson v. IndianaSupreme Court of the United States · 1972
- Williams v. IllinoisSupreme Court of the United States · 1970
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3Cited by15 opinions
- State v. PhelanWashington Supreme Court · 1983
- People v. SweeneyCalifornia Court of Appeal · 2009
- Cramer v. GILLERMINA R.California Court of Appeal · 1981
- Lightly v. StateWyoming Supreme Court · 1987
- People v. RodriguezCalifornia Court of Appeal · 2010
10 more not listed; retrieve them via the Exa API.