Mapp

On this appeal from an order of recommitment in a Penal Code section 1026.2 proceeding, the major question is whether appellant was deprived of a right of constitutional dimension, because the court directed the jury to find that appellant’s sanity had not been restored. We affirm.

The facts are not in dispute. In June 1979 appellant was charged with assault upon a correctional officer with a deadly weapon or by means of force likely to produce great bodily injury, while in state prison (§ 4501) and inflicting great bodily injury (§ 12022.7). On July 19, 1979, the court suspended all proceedings after finding that appellant was insane and committed him to the California Medical Facility in Vacaville (CMF). In November 1979 the criminal proceedings were resumed and a second information filed. On May 15, 1980, appellant was found not guilty by reason of insanity and returned to CMF.

In February 1981, pursuant to appellant’s first petition for a restoration of sanity hearing (§ 1026.2), a jury trial commenced to determine whether appellant’s sanity had been restored. Pursuant to the court’s order, the jury found that appellant’s sanity had not been restored and that he…