People v. Gray
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The case involves the appeal of the state against a defendant, Shawn Vincent Gray, who had been committed to the Department of Mental Health after being found not guilty by reason of insanity (NGI) for one count of stalking and two counts of making criminal threats. Gray had also admitted a prior strike allegation and six one-year prior prison commitment allegations. The trial court had determined Gray's maximum term of commitment to be 19 years four months, which could be extended if his sanity was not restored. No appeal was filed at the time, and the judgment became final.
In 2019, Senate Bill No. 136 (SB 136) amended the Penal Code and limited one-year prior prison term sentencing enhancements to sexually violent offenses. All other one-year sentencing enhancements from prior prison commitments were declared legally invalid. In 2021, Senate Bill No. 483 (SB 483) made SB 136’s changes to the Penal Code partially retroactive to include previously final criminal judgments.
In 2023, Gray's counsel filed a petition to recall the maximum commitment time and strike the legally invalid enhancements. The court granted the petition, recalled the judgment, and reset the maximum term of commitment to 13 years four months. This decision was appealed by the state.
The Court of Appeal of the State of California Fifth Appellate District found that the Superior Court of Kern County did not have jurisdiction to consider Gray's petition in the first instance and therefore its subsequent orders were void. The court noted that SB 483 and section 1172.75 of the Penal Code did not apply to NGI judgments or to their underlying maximum terms of commitment. The Court of Appeal thus reversed and vacated the Superior Court's orders and directed the court to deny Gray's petition in its entirety.
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