People v. Smith

Opinion

BROWN (G. A.), P. J.

We filed our former opinion in this cause, holding that no equal protection or due process violation occurs when a defendant found insane at the time of the offense is committed to a state hospital for a maximum term equal to the upper base term for the underlying offense absent aggravating circumstances. We further held that while such a defendant is statutorily entitled to credit for actual time spent in precommitment confinement, his maximum term is not to be reduced by conduct credits for the precommitment period.

After our former opinion became final as to this…