Sanders

In an information filed in the Superior Court of Napa County defendant and appellant David Roy Sanders was charged with violations of Penal Code section 217 (assault with intent to commit murder) and Penal Code section 245, subdivision (a) (assault with a deadly weapon). Appellant pled not guilty and not guilty by reason of insanity to each count. On the first day of jury trial the court dismissed count one (assault with intent to commit murder) on the prosecutor’s motion. The jury found appellant guilty of assault with a deadly weapon. Since both psychiatrists who had examined appellant concluded that he was sane, appellant withdrew his plea of not guilty by reason of insanity. Appellant was sentenced to prison for three years for assault with a deadly weapon plus a two-year enhancement for use of a firearm. Appellant received 121 days of presentence credit on his sentence. Appellant contends on appeal that since the California Supreme Court adopted the American Law Institute (ALI) test for insanity, he should be granted a new trial on the issue of insanity. Appellant also contends on appeal that he is entitled to work time/good time credit for the time he was in…