Does a defendant have the right to appeal against his conviction for murder by reason of insanity in a situation in which he was not the moving party?

Other cases have recognized a defendant's right to appeal in situations in which he was not, and could not be, the moving party. For example, in People v. Sword (1994) 29 Cal.App.4th 614, 34 Cal.Rptr.2d 810 ( Sword ), the defendant was found not guilty of murder by reason of insanity and confined in a state hospital ( 1026, subd. (a)). In such a case, the patient may later be released from confinement in three circumstances: (1) on a showing of restoration of sanity pursuant to section 1026.2; (2) on expiration of the maximum term of commitment pursuant to section 1026.5; or (3) upon placement on outpatient status pursuant to the provisions of section 1600 et seq. ( 1026.1.) For a defendant to take advantage of the third optionplacement on outpatient statusthe director of the state hospital or other treatment facility to which the person has been committed must recommend to the committing court that the person is eligible for outpatient status. ( 1604, subd. (a).)