Haynie
People v. Haynie
Opinion
Opinion
Vartabedian, J.
Larry Darnell Haynie appeals from an order extending his commitment to a state hospital pursuant to Penal Code section 1026.5, which authorizes extended commitment for treatment of a person found not guilty of a felony by reason of insanity (§ 1026). The sole issue raised is novel—whether the privilege against self-incrimination bars the prosecution from questioning Haynie about his mental state at the commitment extension hearing. We conclude that it does under the plain language of section 1026.5, subdivision (b)(7).
BACKGROUND
In 1989, Haynie was found not guilty by reason of insanity of burglary and was committed to the state hospital. On December 18, 2002, the Fresno County District Attorney filed a petition to extend Haynie’s commitment pursuant to section 1026.5.
Statutory Scheme
Under the statutory scheme for commitment of persons found not guilty of a felony because of legal insanity, a person may not be kept in actual custody longer than the maximum state prison term to which he could have been sentenced for the underlying offense. (§ 1026.5, subd. (a); People v. Crosswhite (2002) 101 Cal.App.4th 494, 501 [ 124 Cal.Rptr.2d 301 ].) At the end of that period,…