What is the test for aggravated punishment for a crime committed while defendant was legally insane?

California, United States of America

The following excerpt is from People v. Cleveland, 104 Cal.Rptr. 161, 27 Cal.App.3d 820 (Cal. App. 1972):

Defendant alleges that the aggravated punishment for an offense committed while defendant was legally insane offends the constitutional prohibition against cruel and unusual punishment. Defendant analogizes to the case of Robinson v. California (1962) 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758, which held unconstitutional a code section declaring a narcotics addict to be guilty of a crime. The court reasoned that addiction is a sickness and should not be punished. Defendant argues that an insane

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