Wadsworth

This appeal is brought here on behalf of a person who was committed to a state hospital by reason of a finding of not guilty by reason of insanity, and who has apparently been in confinement for a longer time than the term which he would have served if he had been sane.

By information filed February 13, 1973, appellant was charged with having committed a burglary. On March 28, 1973, the court determined that he was then incompetent to stand trial and committed him to the Department of Mental Hygiene. Upon a finding that he had regained his sanity, criminal proceedings were resumed on November 14, 1973. Appellant was eventually found to have committed the charged offense. The court did not specify the degree of the crime and respondent concedes that it should be deemed to be of the second degree. The trial court then found that appellant was not guilty by reason of insanity and on January 9, 1974, committed him to the Department of Méntal Hygiene for placement in a state hospital pursuant to Penal Code section 1026. On January 28, 1978, the superior court ordered him paroled. On August 18, 1978, after receiving a report from appellant’s parole supervisor, the court…