Lutman

Ronald Lutman appeals from a judgment committing him to the Youth Authority as a youthful offender after a jury found him guilty of rape (Pen. Code, § 261) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)). His sole contention here is that the trial *66 court erred when, on the second day of jury selection, it refused to allow him to enter a plea of not guilty by reason of insanity.

At the time regularly set for appellant’s plea, the California test for an insanity defense was the so-called M’Naghten rule: “[T]o establish a defense on the ground of insanity, it must be clearly proved that at the time of committing the act the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or as not to know that he was doing wrong.” (M’Naghten’s Case (1843) 10 Clark and Fin. 200, 210 [8 Eng. Rep. 718, 722], as quoted at 1 Witkin, Cal. Crimes, Defenses, § 136, pp. 128-129.) Apparently concluding that he could not establish a defect of cognitive capacity sufficient to invoke the M’Naghten rule, appellant, on July 7, 1978, simply entered a plea of not guilty.

On September 26,…

I respectully dissent.

An additional or different plea may be received by the court for good cause shown “at any time before the commencement of the trial.” (Pen. Code, § 1016.) Strictly speaking, trial of the present action had not commenced when the defense made its motion; selection of the jury had not been completed. Moreover, upon a sufficient showing of good cause, a change of plea may be received even after a trial has commenced. (In re Kubler (1975) 53 Cal.App.3d 799 [ 126 Cal.Rptr. 25 ].) It lies within the discretion of the trial court to determine whether to allow a change of plea (Magee v. Superior Court (1973) 34 Cal.App.3d 201 [ 109 Cal.Rptr. 758 ]), and the responsibility rests upon the defense to show good cause for a change of plea. (People v. Boyd (1971) 16 Cal.App.3d 901 [ 94 Cal.Rptr. 575 ].) The question is whether in the present case the defense made a sufficient showing in support of the motion that, under the new test, appellant was legally insane at the time of the commission of the crime. (People v. Morgan (1935) 9 Cal.App.2d 612 [ 50 P.2d 1061 ].) The testimony of Dr. Lerner was that appellant “might” fit within the broader definition of insanity…

Ronald Lutman appeals from a judgment committing him to the Youth Authority as a youthful offender after a jury found him guilty of rape (Pen. Code, § 261) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)). His sole contention here is that the trial court erred when, on the second day of jury selection, it refused to allow him to enter a plea of not guilty by reason of insanity.

At the time regularly set for appellant's plea, the California test for an insanity defense was the so-called M'Naghten rule: "[T]o establish a defense on the ground of insanity, it must be clearly proved that at the time of committing the act the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or as not to know that he was doing wrong." ( M'Naghten's Case (1843) 10 Clark and Fin. 200, 210 [8 Eng. Rep. 718, 722], as quoted at 1 Witkin, Cal. Crimes, Defenses, § 136, pp. 128-129.) Apparently concluding that he could not establish a defect of cognitive capacity sufficient to invoke the M'Naghten rule, appellant, on July 7, 1978, simply entered a plea of not guilty.

On…