People v. Salomon CA5

BACKGROUND

In an information filed on November 8, 2013, the Madera County District Attorney charged appellant with assault with a deadly weapon (§ 245, subd.(a)(1)), with a great bodily injury enhancement (§ 12022.7, subd.(a)). Appellant pleaded not guilty and not guilty by reason of insanity and waived a jury trial. The trial court found her guilty of assault with a deadly weapon and found the great bodily injury enhancement true. At the sanity phase, the court found that appellant was “insane” at the time of the offense. On December 4, 2013, the court ordered her committed to a state hospital pursuant to section 1026, subdivision (a). On August 31, 2023, appellant filed a petition to restore her sanity pursuant to section 1026.2. A court trial was held between September and November 2024. On November 25, 2024, the trial court denied appellant’s petition. Appellant filed a notice of appeal challenging the court’s ruling, and her counsel filed a Wende brief on appeal.

FACTS

Malia Sherman Forensic psychologist Malia Sherman had practiced as a psychologist for 14 years. Sherman evaluated appellant’s mental status over Zoom for about one hour. That was the sole conversation…