People v. Rizer

Opinion

MOSK, J.

On July 30, 1969, defendant pleaded not guilty by reason of insanity to a charge of issuing a check without sufficient funds (Pen. Code, § 476a) and in a separate case he entered the same plea to a charge of assault with a caustic chemical (Pen. Code, § 244). As provided in section 1016 of the Penal Code, a defendant who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the underlying offense. After a trial on the sanity issue by the court sitting without a jury, defendant was found to' be sane at the time of the…