Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Blacksher, S076582, Super. Ct. No. 125666 (Cal. 2011):

But defendant's confusion regarding his plea did not necessarily amount to an inability to assist in his defense. Under section 1016, "[a] defendant who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the offense charged." A defendant "is wholly free to prevent that result by merely making the additional plea of not guilty." (People v. Walker (1948) 33 Cal.2d 250, 262, italics added.) Defendant entered both such pleas, albeit with some confusion. The legal subtleties implicated by these different

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