Hernandez

Carlos Israel Hernandez appeals the order continuing his detention for treatment by the Youth Authority (YA) after the court found that if he were to be released he would be “physically dangerous to the public because of [his] mental or physical deficiency, disorder, or abnormality.” (See Welf. & Inst. Code, §§ 1800-1803.) We decide the untimely petition under section 1800 denied Hernandez due process of law. Because his term of commitment has since expired we therefore reverse with instructions to the trial court to order his release.

Factual and Procedural Background

On December 18, 1980, Hernandez entered a negotiated guilty plea to burglary and was committed to YA for two years with a release date set for July 18, 1982. On June 29, 1982, the San Diego District Attorney applied for an order directing Hernandez to remain subject to the control of YA beyond the time set for his discharge because if released he would be physically dangerous to the public. (§ 1800; see also fn. 1, ante.) The hearing on the application was set for July 15. On that day Hernandez appeared but the hearing was continued to the following day so his lawyer, Laura Berend, could also be present.…