Goff

Appellant appeals from an order, on a jury verdict, extending his commitment to a state hospital under Penal Code section 1026.5. He had been previously adjudged not guilty by reason of insanity of the crime of assault with intent to commit murder (repealed Pen. Code, § 217), and committed to Atascadero State Hospital in 1973. His maximum commitment date was fixed by the Community Release Board. As he was about to approach this date the District Attorney of Napa County, on the recommendation of the medical director of Atascadero State Hospital, filed a petition for extension of the commitment for two more years, pursuant to Penal Code section 1026.5. The matter was set for jury trial and contemporaneously with the start of the trial appellant filed a petition for a writ of habeas corpus in the trial court contending Atascadero was holding him illegally.

Following a jury verdict finding appellant, in the language of section 1026.5, to be suffering “from a mental disease, defect or disorder and as a result thereof he represents a substantial danger of physical harm to others,” the trial court ordered appellant’s commitment extended for two years, and denied his petition…