In Re Krall

This is an appeal from an order committing appellant to Atascadero State Hospital pursuant to Welfare and Institutions Code section 6500. Appellant was committed for the statutory period of one year after a unanimous jury found beyond a reasonable doubt that he was mentally retarded and dangerous. Appellant’s primary contention is that the trial court incorrectly instructed the jury regarding the definition of mental retardation. We agree and reverse.

Prior to the commencement of trial, the court, over appellant’s objection, determined that the definition of mentally retarded it would use in the trial would be as follows: “[Mjentally retarded means those persons, not psychotic, who are so mentally retarded from infancy or before reaching maturity that they are incapable of managing themselves and their affairs independently, with ordinary prudence or of being taught to do so, and who require supervision, control, and care, for their own welfare, or for the welfare of others, or for the welfare of the community.” This language, proposed by respondent, was taken directly from section 6500 as it read prior to its repeal in 1978. The court erred in so ruling and so…