People v. Cleveland

Originally defendant was charged with six counts. Ultimately count I (which had charged a violation of § 217 of the Pen. Code) was dismissed and the remaining counts were renumbered. After various ■ proceedings to determine defendant’s capacity to stand trial (Pen. Code, § 1368), he was found guilty by a jury on all five remaining counts, sane during the commission of the offenses charged in renumbered counts I, II and IV and insane during the commission of the offense charged in renumbered count III. When defendant was arraigned for sentencing, the trial court made an express finding that he was then “sane for the purpose of sentencing,” and imposed prison sentences on the counts on which guilty verdicts had been returned, but made no reference to renumbered count III.

On appeal (People v. Cleveland (1972) 27 Cal.App.3d 820 [ 104 Cal.Rptr. 161 ]), we affirmed the findings of guilt but pointed out that the finding made at the time of sentencing did not comply with the duties of a trial court under section 1026 of the Penal Code where a verdict of not guilty by reason of insanity has been returned. In that connection we said: “It follows that the case must be remanded for…