Echols

On his not guilty pleas, defendant Echols was found guilty of two counts of involuntary manslaughter charged as having been committed on March 14, 1974. But on his subsequent trial upon his pleas of not guilty by reason of insanity, he was found not guilty, according to Penal Code section 1026. He was thereupon committed, as provided by section 1026, to a “state hospital for the care and treatment of the mentally disordered.”

Thereafter, December 2, 1981, based upon an allegation that Echols, “by reason of a mental disease, defect, or disorder, represents a substantial danger of physical harm to others, ” a petition was filed for his “extended commitment (P.C. section 1026.5(b))” in the state hospital. By its order the superior court thereafter extended such commitment, and recommitted Echols “to the Department of Mental Health, Napa State Hospital for a period of one (1) year from the date of termination of his previous commitment, to wit: February 9, 1983, pursuant to Penal Code section 1026.5(b).” (Our italics.)

Echols’ appeal is from the superior court’s order, which he describes as a “denial of his motion to dismiss filed in this cause.”

On his appeal Echols…