Buttes

In 1975 appellant was found not guilty by reason of insanity of committing forcible oral copulation (Pen. Code, § 288a). Pursuant to the provisions of Penal Code section 1026, he was committed to the state hospital at Atascadero for treatment. Before his initial term expired, the district attorney filed a timely petition to ex tend the commitment for a period of two years (Pen. Code, § 1026.5, subd. (b)(1)), and on September 17, 1980, the jury found that by reason of mental disease, defect or disorder, appellant represented a substantial danger of physical harm to others. The court committed appellant to Atascadero for an additional two years. The issue of whether appellant was amenable to additional treatment was not submitted to the jury.

Appellant argues a number of legal issues. No issue is raised regarding the sufficiency of the evidence to support the jury’s finding that appellant represented a substantial danger of harm to others. Accordingly, it is unnecessary to recite the facts contained in the hearings upon which the original or extended commitments were based.

Amenability to Treatment as a Condition to Extended Commitment

Appellant contends that present…