McIntyre

Appeal from extension of commitment pursuant to Penal Code section 1026.5, subdivision (b). Petition for writ of habeas corpus alleging a denial of effective assistance of counsel at the time of plea and sentencing (Super. Ct. L.A. County No. A449187.)

Procedural and Factual Background

In 1977 appellant, then 18 years old, having been found not guilty by reason of insanity of voluntary manslaughter, was committed to a state hospital. While there, another patient reportedly stole some of his money. Appellant retaliated by stabbing him with a steak knife.

The district attorney charged appellant with assault with a deadly weapon (§ 245, subd. (a)) and with causing great bodily injury (§ 12022.7).

On September 19, 1980, appellant, represented by counsel, entered into a plea bargain with the district attorney. The bargain was accepted by the court and implemented that same day. Its terms, memorialized both by a signed written statement and a transcript of the oral proceedings, were: appellant would plead nolo contendere and not guilty by reason of insanity. The “sanity phase to be submitted on M.D.’s reports. Court will find defendant NGI .[not guilty by reason of…