Salas

People v. Salas

Good Law
106 Cal. App. 3d 396·165 Cal. Rptr. 82·1980 Cal. App. LEXIS 1884
Court of Appeal of CaliforniaJune 2, 1980Crim. No. 35715California3,159 words

Opinion

Lead Opinion

Rimerman, J.

This is an appeal taken from the order committing appellant to the state hospital.

Introduction

In an information filed by the District Attorney of Ventura County, appellant was charged in count I with assault with intent to commit murder, a violation of Penal Code section 217. In count II, it was alleged that appellant had violated section 273a, subdivision (1) of the Penal Code, in that she caused or permitted a child to suffer, or inflicted thereon, unjustifiable physical pain or mental suffering. In count III, it was alleged that appellant willfully inflicted on a child cruel or inhuman corporal punishment. Appellant pleaded not guilty and not guilty by reason of insanity.

Appellant personally withdrew her plea of not guilty as to count III and entered a plea of nolo contendere to willfully inflicting cruel or inhuman corporal punishment on a child, a felony. As to the issue of not *399 guilty by reason of insanity, appellant waived her right to a jury trial and the waiver was accepted by. the court.

The court found appellant not guilty by reason of insanity. The court further found that appellant had not recovered her sanity and appellant was referred to the…

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