Vance

In 1984, 23-year-old defendant James Michael Vance attacked his mother with a meat cutter saying, “Your [sic] a clone, you’re not my mother.” Defendant had been in treatment for mental illness off and on since he was 17. Pursuant to a stipulation of the parties, defendant pled not guilty by reason of insanity to the charge of attempted murder (Pen. Code, §§187 & 664). The court ordered defendant confined in a state hospital for the mentally disordered for a maximum term of nine years pursuant to section 1026.

On October 4, 2004, the People filed their most recent section 1026.5 petition to extend the maximum time of defendant’s commitment. Defendant requested a jury trial. The jury found defendant was “a person who by reason of a mental disease, defect or disorder represented] a substantial danger of physical harm to others . . . .” On March 2, 2005, the court ordered defendant’s commitment extended by two years pursuant to section 1026.5, subdivision (b)(8).

On appeal, defendant contends he is entitled to reversal and remand for a new trial because: (1) the court unlawfully denied defense counsel’s request that defendant’s shackles be removed at trial; and (2)…