California, United States of America
The following excerpt is from People v. Ferris, 130 Cal.App.4th 773, 30 Cal.Rptr.3d 426 (Cal. App. 2005):
"The `sanity trial is but a part of the same criminal proceeding as the guilt phase' [citation] but differs procedurally from the guilt phase of trial `in that the issue is confined to sanity and the burden is upon the defendant to prove by a preponderance of the evidence that he was insane at the time of the offense' [citation]. As in the determination of guilt, the verdict of the jury must be unanimous. [Citation.]" (People v. Hernandez (2000) 22 Cal.4th 512, 520-521, 93 Cal.Rptr.2d 509, 994 P.2d 354.)
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