People v. Boyd

In People v. Boyd (1971) 16 Cal.App.3d 901, the court held failure to consider the change of plea, even during trial, was error. The court further cited an opinion of the Attorney General regarding change of plea after commencement of trial as follows: ". . . there may be exceptional cases in which fairness to the defendant would dictate that some relief should be available to him when circumstances arising after commencement of the trial initially put his counsel on notice that his client may have been insane at the time of (the commission) of the offense." The Boyd court further stated at page 908 that it was apparent where, as here, the trial court did not give defendant an opportunity to present his "good cause" for entry of an additional plea "the court has not yet exercised its discretion as to whether or not to accept the plea of 'not guilty by reason of insanity.'"