People v. Smith

We filed our former opinion in this cause, holding that no equal protection or due process violation occurs when a defendant found insane at the time of the offense is committed to a state hospital for a maximum term equal to the upper base term for the underlying offense absent aggravating circumstances. We further held that while such a defendant is statutorily entitled to credit for actual time spent in precommitment confinement, his maximum term is not to be reduced by conduct credits for the precommitment period.

After our former opinion became final as to this court, we discovered an inadvertent error in the opinion’s dispositional language. Accordingly, at our request, the Supreme Court granted a hearing and transferred the case to this court. Learning that we would be modifying the disposition herein, the State Public Defender sought leave to file an amicus brief addressed to the conduct credit issue. Leave was granted and an amicus brief was filed, in which several points are raised. Neither appellant’s appointed appellate counsel nor respondent has filed additional briefing.

After further consideration, we have decided that our original conclusion was correct.…