People v. Carr CA5

INTRODUCTION

In one consolidated case, appellant Michael Patrick Carr was charged with 14 counts arising from three separate incidents. He plead not guilty by reason of insanity. Following a jury trial, Carr was found legally insane during the commission of two counts; the jury was unable to reach a unanimous verdict on the 12 remaining counts. The trial court declared a mistrial on those 12 counts, and Carr was retried pursuant to a bench trial. The trial court found that Carr was legally insane during the commission of some of the offenses, but sane as to others. He was sentenced to an aggregate determinate term of 18 years in state prison. Because Carr’s sanity had not been restored at the time of sentencing (see Pen. Code,1 § 1026.2), the trial court committed him to the Department of State Hospitals and stayed his prison sentence pending restoration of his sanity. On June 21, 2023, we affirmed Carr’s conviction on direct appeal, but remanded the matter back to the lower court for a new sentencing hearing following the enactment of Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill No. 567). (See People v. Carr (Jun. 21, 2023, F083650) [nonpub. opn.].) On November 30,…