Sword
People v. Sword
Opinion
Opinion
Hollenhorst, J.
These consolidated cases represent two attempts to place defendant on outpatient status from Patton State Hospital, pursuant to Penal Code section 1600 et seq. The trial court refused to authorize outpatient status.
The first appeal, No. E012545, was filed after a hearing on January 14 and 15, 1993. The second appeal, No. E013445, was filed after a hearing in August 1993. The two appeals were consolidated for hearing in this court.
Facts
On April 6, 1988, defendant came to collect rent from his tenant, Ramzi Farahat El Du-Waik. He stayed and had a friendly discussion of the Islamic religion with Mr. Du-Waik.
The following Sunday, April 10, 1988, defendant walked into Mr. Du-Waik’s house unannounced, said hello to Mr. Du-Waik, and shot him at least three times without warning, killing him. Defendant told the doctors that God had commanded him to kill Mr. Du-Waik.
Defendant’s plea of guilty to the murder was accepted by the trial court. The trial court subsequently fixed the degree of the murder at second degree, found defendant not guilty by reason of insanity, and ordered defendant committed to Patton State Hospital for a maximum commitment term of 17 years to life.…