People v. Froom

In People v. Froom (1980) 108 Cal.App.3d 820, the defendant argued that the trial court, in determining whether defendant had regained his sanity, should have considered whether he was still a danger to himself or others. The court noted that the correct standard to be applied by the trial court in determining whether the defendant has regained his sanity under section 1026 had not been the subject of a judicial opinion and stated that it would not consider whether the "danger to himself or others" standard was the proper test because it did not appear from the record that the trial court had in fact applied a different standard. In Froom, the court noted the amendment and held that even if section 1026 were interpreted to be ambiguous, the ambiguity would have to be resolved against defendant, stating, "An amendment enacted soon after controversies arise as to the interpretation of the original act may be regarded as a legislative interpretation of the original act. The trial court correctly determined that it had no discretion to place defendant on outpatient treatment." ( People v. Froom, supra, at p. 834.)