Redmond

Defendant Eugene Redmond pleaded “not guilty” and “not guilty by reason of insanity” to a charge of an assault with a deadly weapon and by means of a force likely to produce great bodily injury allegedly committed on January 20, 1968. (Pen. Code, § 245, subd. (a).) Criminal proceedings were adjourned to permit defendant’s hospitalization for “present insanity” (Pen. Code, § 1368). Criminal proceedings were resumed and trial of the cause to the jury commenced on July 14, 1969.

When the jury found defendant guilty only of a simple assault (Pen. Code, § 240), a lesser and necessarily included misdemeanor offense, defendant through counsel and personally moved for a withdrawal of his “not guilty by reason of insanity” plea. The trial court denied the motion in view of what it considered “overwhelming” evidence before it that defendant was insane when he committed the offense. The insanity issue was then tried over defense objections and defendant was committed to a state hospital, the court observing that it did not feel that defendant was fully recovered. (Pen. Code, § 1026.)

Defendant appeals from the order of commitment entered upon a verdict finding him to have been…