P. v. Choe
Appellant Jong Mok Choe was convicted, following a jury trial, of one count of kidnapping for ransom in violation of Penal Code section 209, subdivision (a),[1] one count of child abuse in violation of section 273a, subdivision (a) and one count of attempted kidnapping in violation of sections 664 and 207, subdivision (a). The trial court sentenced appellant to life in prison without the possibility of parole for the kidnapping for ransom conviction. Appellant appealed from that conviction, and in 2003, this Court remanded the matter to the trial court for a determination of whether appellant had withdrawn his plea of not guilty by reason of insanity ("NGI") before the trial on the substantive charges.
On remand, the trial court found no record that appellant had personally withdrawn his NGI plea, and determined that he was entitled to a trial on the matter. Soon thereafter, however, appellant was found not competent to stand trial. Eventually, in April 2009, following a determination that appellant was competent to stand trial, appellant waived his right to a jury trial on the issue of insanity at the time of the above-listed crimes. In June 2009, the court declared a doubt as to appellant's competence to stand trial. In July 2009, the trial court found appellant competent to stand trial and denied appellant's request to withdraw his jury waiver. In August 2009, a court trial was held on the issue of insanity, and appellant was found by the court to have been sane at the time of the crimes in this case.
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