Fuquay

I. STATEMENT OF THE CASE

In 2000, defendant Maxwell Martin Fuquay was found not guilty by reason of insanity (NGI) of battery with serious bodily injury, and he was committed to a state hospital. (Pen. Code, §§ 242, 243, subd. (d), 1026.5, subd. (a).)1 Thereafter, his commitment was extended four times. (§ 1026.5, subd. (b).) On March 21, 2011, before the last extension expired, the Santa Clara County District Attorney filed a petition to extend it again. At a pretrial hearing on July 8, 2011, defense counsel waived a jury. On July 28, 2011, after a bench trial, the court sustained the petition and extended defendant‘s commitment to September 10, 2013.

1 ―Technically, once a defendant has been found not guilty by reason of insanity, he is no longer a criminal defendant, but a person subject to civil commitment.‖ (People v. Lara (2010) 48 Cal.4th 216, 222, fn. 5.) We shall refer to such persons as defendants or NGIs rather than ―committees‖ or ―persons committed.‖ All unspecified statutory references are to the Penal Code. On appeal from the extension order, defendant claims that the court violated his constitutional and statutory rights by failing to advise him of his right to a…