P. v. Abraham CA1/5
The trial court denied appellant Arthur Abraham’s application for restoration of sanity and conditional release to a local outpatient program pursuant to Penal Code section 1026.2. Appellant contends: (1) he is being held in violation of due process because the state should have carried the burden of showing he remained insane; (2) the California procedure for determining whether a person found not guilty by reason of insanity (NGI) has been restored to sanity is unconstitutional because it allows a defendant to continue being held even when he ceases to be insane; and (3) his “traits” do not qualify as a “mental defect, disease or disorder.” We affirm.
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