Quirk

Statement of Case

Appellant was charged on August 30, 1979, in count one with murder by the use of a firearm (Pen. Code, §§ 187 and 12022.5), in count two with burglary resulting in great bodily injury (Pen. Code, §§ 459 and 12022.7), and in count three with assault with a deadly weapon by use of a firearm (Pen. Code, §§ 245, subdivision (a) and 12022.5).

A Penal Code section 1538.5 motion to suppress statements made to a Dr. Matychowiak was denied and on the date the trial commenced, appellant changed his plea of not guilty and entered a plea of not guilty and not guilty by reason of insanity.

The jury convicted appellant of voluntary manslaughter with the use of a firearm, burglary with great bodily injury, and assault with the use of a firearm.

The trial court declared a mistrial on the sanity issue of the case but before he could be retried on that issue, appellant withdrew his plea of not guilty by reason of insanity on the condition that he receive two years in prison for the offense of voluntary manslaughter with a two-year enhancement for use of a firearm for a total prison term of four years. The appellant was in fact sentenced to four years on count one with…