Taylor

By information filed on March 4, 1963 defendant was charged with violation of Penal Code section 459 (burglary) in counts I, II and III, and with violation of Penal Code section 664 (attempted burglary) in count IV; a prior conviction of a felony was also charged. Defendant pleaded not guilty and not guilty by reason of insanity, and denied the prior. On June 6, 1963, following the appointment of various doctors, other examinations, hospitalization of defendant and defendant’s subsequent waiver of trial by jury, the case was submitted on the preliminary hearing transcript, and the plea of not guilty by reason of insanity was submitted on the doctors’ reports. Defendant was found guilty as charged and was found to be sane at the time of commission of the offenses. Probation, sentence, and determination of the alleged prior conviction were continued to June 25, 1963. On December 2, 1963, after a new series of examinations, commitment to state hospital, return of defendant from such commitment, and the filing of a new probation report, the charged prior was dismissed in the interest of justice on motion of district attorney; the offenses were found to be in the second…