Legal Opinion · Dissent

People v. Williams

California Court of Appeal

Decided February 26, 1988No. D005564Published

1Dissent

The test for determining if sanity has been restored under Penal Code1 section 1026.2 is whether the applicant has improved to the extent he or she is no longer a danger to the health and safety of others, including himself or herself. (People v. Allesch (1984) 152 Cal.App.3d 365, 372 [199 Cal.Rptr. 314].) The applicant has the burden of proving by a preponderance of the evidence he or she is no longer a danger. (In re Franklin (1972) 7 Cal.3d 126, 147 [101 Cal.Rptr. 553,496 P.2d 465].)

The psychological experts who testified at Williams's restoration of sanity trial agreed Williams's…

2Cases cited5 opinions

  1. In Re FranklinCalifornia Supreme Court · 1972
  2. Cramer v. TyarsCalifornia Supreme Court · 1979
  3. Barnes v. Superior CourtCalifornia Court of Appeal · 1986
  4. People v. De AndaCalifornia Court of Appeal · 1980
  5. People v. AlleschCalifornia Court of Appeal · 1984

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