Blakely

Anthony John Blakely pleaded not guilty and not guilty by reason of insanity to assault with a deadly weapon (Pen. Code, §§ 245, subd. (a)(1), 1192.7, subd. (c); count 1) and robbery (§ 211; count 2). The jury convicted him of both counts. After the evidence was presented in the sanity phase of the trial, the court granted the People’s motion for a directed verdict of sanity.

Blakely appeals, contending the court erred in directing a verdict of sanity. We conclude the court did not err in removing the issue of Blakely’s sanity from the jury. As set forth in People v. Severance (2006) 138 Cal.App.4th 305, 320 [ 41 Cal.Rptr.3d 397 ] (Severance), the court properly directs a verdict of sanity when a defendant fails to proffer “substantial evidence from which the jury reasonably could have found the defendant was not sane.” (Original italics.) The evidence in this case was insufficient for the jury to make such a finding. Accordingly, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2010, Samuel Lamar went to a supermarket in Rialto. Blakely and a female companion were in line to the left of Lamar and watched as Lamar paid for his groceries with a $100…