People v. Superior Court (Almond)

Opinion

HANING, J.

Real party in interest James Almond was found not guilty by reason of insanity (NGI) in 1982, committed to a state mental hospital, and placed on outpatient status in 1986. Respondent superior court is now being asked to decide whether real party should be released outright on the ground that his sanity has been restored. (Pen. Code, § 1026.2.) Respondent court proposed to conduct the sanity restoration hearing without a jury. The People petitioned for an extraordinary writ to compel respondent superior court to permit them to exercise their right to jury trial. We find merit…