Powell

People v. Powell

Bad Law
114 Cal. App. 4th 1153·2004 Cal. App. LEXIS 18·2004 Daily Journal DAR 281·8 Cal. Rptr. 3d 441·2004 Cal. Daily Op. Serv. 213
Court of Appeal of CaliforniaJanuary 8, 2004B168083California2,130 words

Opinion

Opinion

Yegan, J.

Grant Powell 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). Appellant unsuccessfully claims that the trial court erroneously denied his request for jury trial and that he was denied the right to attend trial and present evidence. We affirm and hold that counsel may waive jury trial over objection of his or her client in a “not guilty by reason of insanity” commitment extension trial (hereafter, extension trial).

Facts and Procedural History

In 1969 appellant went to a judge’s home and attempted to kill him. Appellant exchanged gunfire with a police officer, shot the officer four times, and fled in a vehicle that he commandeered at gunpoint. Appellant was found not guilty by reason of insanity (NGI) and was committed to a state hospital.

In 1980, appellant attacked a hospital psychiatrist with a steel mop. Appellant was prosecuted for assault with a deadly weapon (§ 245, subd. (a)), found NGI, and again committed to a state hospital.

On January 13, 2003, the district attorney filed a…

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