Juarez

This is an appeal from an order extending defendant’s commitment to the state hospital under Penal Code section 1026.5, subdivision (b). Following a jury trial in which he was found to be suffering from a mental disease, defect, or disorder which caused him to represent a substantial danger of physical harm to others, the defendant’s commitment to Atascadero State Hospital as a person found not guilty by reason of insanity was ordered extended for two years. (Pen. Code, §§ 1026, 1026.5, subd. (b); all further undesignated section references are to the Penal Code.) On appeal, defendant does not attack the jury finding of his present dangerousness. Instead, he challenges the inclusion of his underlying offense within the definitional criteria of section 1026.5, subdivision (b) on a variety of grounds. We find his contentions without merit and shall affirm.

Factual and Procedural Background

The nature of the defendant’s challenge requires only an abbreviated recitation of the facts and procedural history. In 1978, the defendant was convicted of assault with a deadly weapon (§ 245, subd. (a)) after a trial to the court. The court subsequently found the defendant not guilty…