Allesch

Statement of the Case

Defendant was found not guilty by reason of insanity of 21 second degree burglaries. Following defendant’s commitment to the State Department of Mental Health, defendant filed a petition for a writ of habeas corpus. The county public defender was appointed to represent defendant, and a hearing was scheduled for July 15, 1982. Pending the hearing, defendant filed an application for release under Penal Code section 1026.2 upon the ground that his sanity had been restored, and in light of this application the petition for writ of habeas corpus was dismissed without prejudice pursuant to stipulation of counsel. In response to the application for release because of restoration to sanity, the court appointed two doctors to examine defendant. By August 2 both doctors’ reports had been filed, and defendant requested a jury trial to determine the issue of his present sanity. Defendant’s request for a third doctor’s opinion was denied.

The jury returned a special verdict finding that, as related only to personal bodily injury, defendant was not at that time a danger to the health and safety of himself or others as a result of a mental disease, defect or…