Rodriguez

By information appellant was charged with five felonies: four counts of armed robbery in violation of Penal Code, section 211, and one count of assault with a deadly weapon with intent to commit murder in violation of Penal Code, section 217. The crimes were committed on different days within a three-week period in November, 1966, except that the robbery charged in count IY and the assault charged in count Y were committed on the same day, though upon different victims. At his arraignment, January 23, 1967, appellant pled “not guilty” and “not guilty by reason of insanity”, and the trial court appointed two alienists to: (1) examine appellant as to present sanity; (2) as to sanity at time of commission of the offenses; (3) as to whether appellant was mentality ill within the meaning of Welfare and Institutions Code, section 5551; and (4) as to whether appellant could develop specific intent to commit the offenses charged.

On March 23, 1967, the court found appellant to be presently insane, suspended the criminal proceedings and ordered him committed to Atascadero State Hospital until certified to be sane (Pen. Code, §§1368, 1370, 1372). Three months later, he was certified to be…