Dougherty

Jack L. Dougherty appeals from the order extending his commitment to state hospital under Penal Code section 1026.5. [1] He contends that his motions to dismiss the extended commitment proceedings for untimely filing should have been granted.

In 1977 appellant was committed to Atascadero State Hospital for treatment pursuant to section 1026 after he had been found not guilty by reason of insanity of assault with a deadly weapon (§ 245, subd. (a)). His maximum commitment date was November 8, 1981. The petition to extend his commitment was filed on October 14, 1981. On October 20, appellant filed an opposition to the petition. The opposition was overruled on October 27 and the cause set for trial on November 2. On that date appellant moved the trial court for dismissal. The motion was denied. His renewed motion for dismissal during trial was similarly denied.

Section 1026.5 provides that a petition for extended commitment "shall be filed no later than 90 days before the expiration of the original commitment.... [¶] ... The trial shall commence no later than 30 calendar days prior [thereto]." (§ 1026.5, subds. (b)(2), (b)(4).) In the instant case the petition…