People v. Bieber

Judge TURSI specially

concurring.

I specially concur.

Although I believe that “settled insanity” can be a disease or defect of mind within the definition of insanity as set out in § 16-8-101, C.R.S. (1986 Repl.Vol. 8A), nevertheless, I believe that here it became an evidentiary question which was fairly arguable to the jury under the instructions as given.

I agree with the dispositional opinion on all other issues addressed and, therefore, concur in the affirmance. However, I would point out that, for guidance of the trial courts, the effect of the three opinions issued in this case is to permit consideration during a sanity trial of “settled insanity” as a form of mental disease or defect if appropriate evidentiary support is presented.