People v. Hernandez

*528BROWN, J., Concurring.

I agree with the disposition, but reach this conclusion through a somewhat different analysis. Rather than rely on hypertechnical distinctions that exalt form over substance, I would find that courts have the power to direct a verdict of sanity.

Although we have never held that section 1385 of the Penal Code1 “authorizes the dismissal of a plea against a criminal charge or allegation” (maj. opn., ante, at p. 523, italics omitted), we have long held that special pleas or defenses raising issues collateral to the issue of guilt or innocence do not require a jury finding.…