People v. Superior Court (Almond)

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 in the People’s position and issue a writ of mandate.

Real party initiated the sanity restoration proceedings by filing a petition with the court for his release. (§ 1026.2, subd. (a).) Although real party has a right to a jury trial at such a hearing (In re Franklin (1972) 7 Cal.3d 126, 148-149 [ 101 Cal.Rptr. 553 , 496 P.2d 465 ]; Barnes v. Superior Court (1986) 186 Cal.App.3d 969, 973-974 [ 231 Cal.Rptr. 158 ]), he waived that right. The People contended they had a jury trial right as well and refused to consent to the waiver. The superior court agreed with the People and scheduled a jury trial.…