mental health evaluation and diagnosed Voth with resolved delirium due to a general medical condition, sustained remission alcohol dependence, and hypertension. In his report, Dr. Pounds concluded that Voth was presently competent but that Voth met the statutory criteria for legal insanity on the date of the incident. Dr. Pounds opined that the most likely cause of Voth's psychotic episode was an unidentified viral infection. Significantly, Dr. Pounds considered and explicitly rejected the possibility that the psychotic episode was the result of intoxication. 17 After receiving Dr. Pounds's report, the People stipulated to the NGRI finding and requested that Voth be committed to a mental health facility pursuant to People v. Laeke, 2012 CO. 18, 1 17, 271 P.3d 1111, 1115-16 (<HOLDING>), and section 16-8-105.5(4) (requiring that a
holding that a defendant must show reasonable probability that but for the error he would not have entered the plea holding that due process requires that a defendant entering a plea of not guilty by reason of insanity understand that if the plea is accepted he could be committed to a state hospital for the criminally insane for a term up to the maximum possible penalty for the offense charged holding that claim that counsel was ineffective for allowing defendant to proceed while incompetent was facially insufficient where defendant did not allege he actually was incompetent to proceed to trial or insane at the time of his offense holding that pursuant to section 168103 a defendant does not have an absolute right to waive the assertion of a mental status defense when such defense is sought by counsel and setting forth a balancing test for trial courts to rule whether the ngri plea is necessary for a just determination under section 1681082 holding that a defendant does not have the right to a jury trial where a plea of ngri is entered and the prosecution concedes that the defendant was insane at the time of the offense