State v. Milian-Hernandez

Chandler, Justice:

*184Appellant Mario Milian-Hernandez was convicted of two counts of assault and battery with intent to kill and received consecutive twenty year sentences. He appeals on the grounds that he proved insanity by a preponderance of the evidence.

We agree and reverse.

FACTS

Appellant came to the United States in the Cuban boatlift of 1980 and was placed in a Cuban community in California. Shortly after his arrival, he was assaulted by a fellow Cuban. The police were summoned and killed the other man. After the dead man’s brother threatened to kill him, Appellant purchased a gun.

Fearing…