Balderas

Defendant Ramon Vidrios Balderas appeals an order committing him to the Department of Mental Health for an additional year pursuant to section 6316.2 of the Welfare and Institutions Code. This proceeding followed the Supreme Court decision of In re Moye (1978) 22 Cal.3d 457 [ 149 Cal.Rptr. 491 , 584 P.2d 1097 ]. Defendant asserts error and argues the Moye decision’s provisions for extending his commitment are inapplicable to him. The basic contention of the defendant is twofold, one pragmatic and one based upon a constitutional principle. The factual argument is that on October 17, 1978, (the day the Moye decision was filed) he had served the maximum time in the hospital required by law and thus the extended commitment procedures of the Welfare and Institutions Code adopted by Moye could not be appropriately applied. The constitutional argument seems to be the California Supreme Court acted improperly in its Moye decision by judicially legislating a commitment program and thus violating the constitutional doctrine of separation of powers.

Factual and Procedural Background

In 1973, defendant was found not guilty by reason of insanity of assault with a deadly weapon (Pen.…