Is a motion to enter a plea of not guilty by reason of insanity reviewed for abuse of discretion?

California, United States of America


The following excerpt is from Sanchez v. Superior Court of L. A. Cnty., B276406 (Cal. App. 2016):

Denial of a motion to enter a plea of not guilty by reason of insanity is reviewed for abuse of discretion. (People v. Montiel (1985) 39 Cal.3d 910, 922-923 (Montiel).) A criminal defendant is permitted to change a plea to "not guilty by reason of insanity" prior to trial "for good cause shown," pursuant to section 1016, subdivision (6): "A defendant who does not plead guilty may enter one or more of the other pleas. A defendant who does not plead not guilty by reason of insanity shall be conclusively presumed to have been sane at the time of the commission of the offense charged; provided, that the court may for good cause shown allow a change of plea at any time before the commencement of the trial. A defendant who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the offense charged."

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