In re Smith

Petitioner on October 2, 1973, was committed to Atascadero State Hospital pursuant to the provisions of section 1026 of the Penal Code, following a finding that he was insane at the time he committed an assault in violation of subdivision (a) of section 245 of the Penal Code. By his petition for habeas corpus he sought review of proceedings under subdivision (c) of section 7375 of the Welfare and Institutions Code 1 in *338 which the trial court on April 29, 1975, disapproved the recommendation of the medical director of the hospital that he would receive benefit from parole. He contended that the superior court disposed of the matter of his parole without the requisite statutory hearing, that he was denied due process of law and equal protection of the laws, and his right to have counsel present at all stages of the proceedings.

The petition originally filed in the Second Appellate District was transferred to this district by the Chief Justice at the request of the Presiding Justice of Division One of the former district. We issued an order to show cause directed, as amended, to the trial court to show cause why the relief prayed for by petitioner should not be…