People v. K.P.

*328*336A jury found K.P. not guilty by reason of insanity after he shot and killed his father. In this appeal, we address whether the recent amendment to subdivision (h) of Penal Code1 section 12022.53, giving a trial court discretion to strike or dismiss a firearm enhancement, applies retroactively to a person-whose case is not yet final-committed to a state hospital after *337being found not guilty by reason of insanity.2 As we shall explain, we conclude that amended section 12022.53 does not apply to an insanity acquittee.

Anticipating this result, K.P. contends that denying an insanity acquittee…