P. v. Simmerson

Filed 2/15/07  P. v. Simmerson CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Tehama)

----

     Defendant Jessica Louise Simmerson appeals from an order committing her to Napa State Hospital after she was found not guilty, by reason of insanity, of a criminal offense.  Defendant contends that she was denied the statutory right to a  judicial determination whether her offense was a felony or a  misdemeanor, in  violation of principles of equal protection.  We  shall affirm. 

BACKGROUND

     After defendant waived a preliminary hearing, a felony information was filed charging her with vandalism of religious property.  (Pen. Code, § 594.3, subd. (a).)  She  entered a plea of  guilty to the criminal conduct.  As to her plea of not guilty by reason of insanity, the parties stipulated that defendant was insane at the time of the crime.  The trial court found defendant not guilty by reason of insanity and referred her to the Community Program Director for evaluation.  Following evaluation, the court committed her to Napa State Hospital for a maximum commitment period of three years. 

DISCUSSION

     When a person is committed to a state hospital or other facility upon a finding of not guilty by reason of insanity, the  commitment order must state the maximum term of commitment.  (Pen. Code, § 1026.5, subd. (a)(1).)  In the case of a felony offense, the maximum term of commitment is the longest term of  imprisonment that could have been imposed for the offense or  offenses of which the person was convicted, including the upper term of the base offense and any additional terms for enhancements and consecutive sentences that could have been imposed.  (Ibid.)  In the case of a misdemeanor offense, the maximum term of commitment is the longest term of county jail confinement which could have been imposed for the offense or offenses which the person was found to have committed.  (Pen. Code, § 1026.5, subd. (a)(3).) 

     Vandalism of religious property is punishable by imprisonment in the state prison or by imprisonment in the county jail for not exceeding one year.  (Pen. Code, § 594.3, subd. (a).)  When a statute makes an offense punishable by imprisonment in the state prison but does not state a sentence range, then the determinate sentence range is 16 months, two or  three years.  (Pen. Code, § 18.)  When a statute makes an offense punishable by imprisonment in the state prison or by imprisonment in the county jail, then the offense is a â€