Villarreal

Arnulfo Villarreal appeals from an order fixing degree of murder pursuant to Jackson v. Superior Court (1983) 140 Cal. App.3d 526 [ 189 Cal. Rptr. 491 ]. (1) Since the order affects appellant's substantial rights, it is appealable under Penal Code section 1237, subdivision (b). (See also People v. Wetmore (1978) 22 Cal.3d 318 [ 149 Cal. Rptr. 265 , 583 P.2d 1308 ].) [1] Appellant contends the trial court improperly: 1) designated the degree of murder as first; 2) admitted into evidence appellant's involuntary confession; and 3) denied appellant a jury trial on the issue of degree. We affirm the trial court's ruling.

In 1976, the Ventura County District Attorney filed an information charging that appellant murdered Fortunato Galvan with a firearm April 21, 1976. (§§ 187, 12022.5.) Appellant withdrew his initial plea of not guilty and pled not guilty by reason of insanity. The court appointed three psychiatrists, Doctors Sheel, Patterson, and von Dedenroth to examine appellant and submit reports. (§ 1026.)

June 22, 1976, appellant waived his rights to jury trial and to confront and cross-examine witnesses. Both parties stipulated that the court consider all…