P. v. Andrade CA2/2
After a court trial on March 12, 2010, Miguel Andrade was found not guilty by reason of insanity on various charges arising from an incident in which he threatened his landlord with a gun and poured gasoline on the sidewalk outside of the residence in which he was renting a room. The trial court ordered his commitment to a state hospital.
On September 12, 2016, Andrade filed a petition for restoration of sanity under Penal Code section 1026.2. The first trial on Andrade’s petition resulted in a mistrial when the jury could not reach a verdict. The parties then stipulated that the trial court could decide the petition based upon the record from the first trial. The court denied the petition in an oral ruling on March 14, 2017. Andrade filed a timely notice of appeal from the order denying his petition.
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