Saville

Respondent was committed to Atascadero State Hospital in 1973 pursuant to Penal Code section 1026 after having been found not guilty by reason of insanity of assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and assault with a deadly weapon with intent to commit murder (Pen. Code, § 217). His maximum term of commitment was set at 2,190 days, a period he maintained expired on October 9, 1981.

On October 14, 1981, a petition for extended commitment was filed by the District Attorney of Los Angeles County pursuant to Penal Code section 1026.5. Asserting lack of jurisdiction based on the termination of his commitment, respondent sought and obtained a writ of habeas corpus dismissing the petition. This appeal followed. We affirm.

During the course of commitment, respondent was at various times granted outpatient status, which was in turn periodically curtailed on account of respondent’s unacceptable behaviour. On some of these occasions of curtailment, respondent, rather than being returned to Atascadero, was hospitalized in other institutions under provisions of Welfare and Institutions Code sections 5150 and 5250, part of the so-called Lanterman-Petris-Short Act…