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Legal Opinion

Jackson v. Superior Court

California Court of Appeal

Decided March 2, 1983No. AO18340PublishedCited by 5 opinions

1Opinion of the Court

Opinion

SCOTT, J.

This petition is brought by a defendant found not guilty by reason of insanity and committed to state hospital in 1969. Under In re Moye (1978) 22 Cal.3d 457 [149 Cal.Rptr. 491, 584 P.2d 1097], absent special proceedings, his insanity commitment can be no longer than his maximum term for the underlying crime. The trial court did not set the degree for his charged murder, but the Community Release Board (forerunner to the Board of Prison Terms) has set his maximum at life, the term for first degree murder. Petitioner seeks to have his term reset at the maximum for second degree…

2Cases cited10 opinions

  1. People v. Eric J.California Supreme Court · 1979
  2. In Re MoyeCalifornia Supreme Court · 1978
  3. People v. FloresCalifornia Supreme Court · 1974
  4. People v. PaciniCalifornia Court of Appeal · 1981
  5. People v. HillCalifornia Court of Appeal · 1982

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. DiasCalifornia Court of Appeal · 1985
  2. People v. MinahenCalifornia Court of Appeal · 1986
  3. People v. VillarrealCalifornia Court of Appeal · 1985
  4. People v. DiasCalifornia Court of Appeal · 1985
  5. People v. VillarrealCalifornia Court of Appeal · 1985

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