People v. Nunez

Opinion

VEGAN, J.

This appeal concerns the M’Naghten insanity test (M’Naghten’s Case (1843) 10 Clark & Fin. 200, 210 [8 Eng. Rep. 718, 722]) and the Legislature’s proscription against multiple punishment as specified in Penal Code section 654.1 This is an intersection that legal scholars may find interesting. If a defendant has been convicted of multiple offenses but was legally insane at the time of the offenses, how does a sentencing judge or an appellate court determine his “intent and objective” in setting a maximum period of potential confinement? Such a defendant is incapable of knowing…