P. v. Flores
By information filed on June 19, 2001, David Soto Flores was charged with attempted murder in violation of Penal Code sections 187 and 664 (count 1), assault with a deadly weapon in violation of subdivision (a)(1) of Penal Code section 245 (count 2), and battery with serious bodily injury in violation of subdivision (d) of Penal Code section 243 (count 3).[1] Pursuant to a plea bargain, the court found Flores guilty of attempted murder but dismissed counts 2 and 3, and the court then turned to Flores’s plea of not guilty by reason of insanity. The court found that, at the time of the commission of the crime, Flores was not sane within the meaning of section 1026. The court accordingly found Flores not guilty by reason of insanity. The court further found that Flores had not recovered his sanity, and the court therefore ordered Flores committed to the California Department of Mental Health for placement in a state hospital, with his commitment not to exceed 13 years (the maximum period of imprisonment under the charge of conviction), minus custody credits of 197 days (172 days actual time, 25 days good time/work time).
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