People v. Coleman

Opinion

RACANELLI, P. J.

On appeal from an order made following entiy of a jury verdict finding defendant’s sanity had not been restored, 1 defendant puts the sole question as whether the People have a right to a jury trial in special proceedings undertaken pursuant to Penal Code section 1026a. 2 Examination of the substance of defendant’s claim supports our conclusion that the corollary and dispositive issue is whether the defendant has a right to a nonjury trial on the issue of his restored sanity.

Facts

The facts pertinent to our discussion are undisputed:

In June 1976, defendant was found not…