People v. Johnson
Opinion
Opinion
Kingsley, J.
Defendant was charged with four counts of robbery and one count of kidnaping for the purpose of robbery. The information charged that he was armed at the time of the commission of each of the robberies. Pour prior felony convictions were alleged. Defendant pled not guilty and denied the priors; subsequently a plea of not guilty by reason of insanity was also entered. After proceedings under section 1368 et seq. of the Penal Code, defendant was found to be presently insane, the criminal proceedings were suspended and, on June 17, 1963, he was committed to Atascadero, State Hospital. On January 13, 1964, the superintendent and medical director of the state hospital having certified that defendant was then sane, the criminal proceedings were resumed. Sundry continuances followed and defendant was finally brought to trial on March 12, 1964. The priors were admitted outside the presence of the jury. After a jury trial, lasting four days and two days of jury deliberations, defendant was found sane at the time of the alleged offenses; he was found guilty on three robbery counts and on the count of kidnaping for the purpose of robbery; he was found to have been armed at the time of all…