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People v. Henning, No. C060371

By FindLaw Staff on October 16, 2009 9:38 AM

Defendant's conviction for burglary, attempted robbery, and related crimes is affirmed as, although the trial court erred in refusing to allow defendant to exercise his personal statutory right to enter a plea of not guilty by reason of insanity (NGI) and in failing to remove defense counsel who refused to allow defendant to enter his NGI plea, both of the errors are harmless in light of abundant, uncontradicted evidence in the record demonstrating there was no factual basis for a finding of not guilty by reason of insanity where defendant claimed he was hallucinating from crystal methamphetamine use while playing the video game Grand Theft Auto for 10 hours.      

Read People v. Henning, No. C060371

Filed October 14, 2009

Judges

Opinion by Judge Sims

Counsel

For Appellant:  Law Offices of John F. Schuck and John F. Schuck

For Appellee:  Edmund G. Brown Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, David A. Rhodes and Ivan P. Marrs, Deputy Attorneys General

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