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Case Conclusion Date: 01.31.2012
Practice Area: Appeals
Outcome: Felony conviction reversed on appeal.
Description: The court reversed defendant's conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and strike finding. Trial counsel had entered a plea of not guilty by reason of insanity and submitted the question of guilt on the preliminary hearing transcript. On appeal the court found error not only because the plea had not been personally entered by the defendant but also because she had not been advised that she could be institutionalized for the rest of her life. The admonition and personal entry of the plea is required by People v. Lomboy (1981) 116 Cal.App.3d 67, 71. Similarly, the submission on the preliminary hearing transcript was invalid in that defendant was not advised of her constitutional rights. (Bunnell v. Superior Court (1975) 13 Cal.3d 592, 605.)