May 12, 2022 – People v. Nance (3rd. Dist., C093044)

In an appeal from the denial of NGI defendant’s petition for conditional release under PC 1026.2, the Court of Appeal affirms the trial court’s finding that defendant could be a danger if released under supervision and treatment. Though the trial court purported to grant the prosecution’s motion for a directed verdict, the appellate court finds the motion was actually a motion for judgment in a court trial and so applies the substantial evidence standard.