California v. Nance
Annotate this CaseIn 2011, defendant Jeremy Nance was found not guilty by reason of insanity of sexual battery and committed to Atascadero State Hospital. Defendant’s term of commitment has been extended several times under Penal Code section 1026.5. He appealed the trial court’s denial of his application for outpatient treatment pursuant to section 1026.2. After hearing defendant’s evidence, the trial court granted the State's motion for a “directed verdict,” finding defendant “could be a danger to the health and safety of others due to a mental defect, disease, or disorder if under supervision and treatment in the community.” On appeal to the Court of Appeal, defendant contended the court erred by weighing the evidence on a motion for directed verdict. Because the trial court was the fact finder, and therefore entitled to weigh the evidence, the appellate court affirmed the denial of defendant’s application.
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