The People v. Shelton CA1/5

I. FACTUAL AND PROCEDURAL BACKGROUND

On December 23, 2004, Shelton entered a plea of not guilty by reason of insanity (NGI) to two counts of assault on a peace officer. Pursuant to section 1026, he was committed to NSH for a maximum term of six years four months with credit for time served. On August 26, 2010, the People petitioned to extend Shelton’s commitment pursuant to section 1026.5, subdivision (b). Following defense counsel’s waiver of a jury

Unless otherwise noted, all further statutory references are to the Penal Code.

1 trial on the petition, over Shelton’s objection, the court found the People’s extension petition had been proved beyond a reasonable doubt, and ordered Shelton’s commitment extended until February 7, 2013. We affirmed that extension order in an unpublished opinion. (People v. Shelton (Oct. 19, 2011, A130923) [nonpub. opn.].) On July 18, 2012, the People again petitioned to extend Shelton’s commitment pursuant to section 1026.5, subdivision (b). Defense counsel again waived, over Shelton’s objection, a jury trial. At the outset of Shelton’s extension proceedings, the following colloquy occurred: “THE COURT: . . . He’s willing to waive jury…