Minahen

Statement of the Case

Appellant Michael Minahen appeals from an order extending his commitment under Penal Code section 1026.5. He contends that he was entitled to a greater custodial credit than allowed by the Board of Prison Terms (BPT) in fixing his maximum term of commitment and that under the correct term, the petition to extend his commitment was filed after his projected release date thereby depriving the trial court of jurisdiction to extend his commitment.

While we agree that appellant’s maximum term of commitment was incorrectly computed by the BPT and thus the extension petition was filed after the correct term had expired, we nonetheless hold that the trial court had jurisdiction to extend the commitment. We affirm the judgment.

The Proceedings Below

On March 29, 1977, appellant was found not guilty by reason of insanity (NGI) of the crime of assault with a deadly weapon in violation of section 245, subdivision (a)(1). On April 14, 1977, upon recommendation of the Director of the Fresno County Department of Mental Health, appellant was ordered “committed to confinement in a facility approved by the County Mental Health Director until such time as…