Price

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 957 OPINION Anthony Price appeals from an order extending his commitment in a psychiatric hospital for an additional two years. (Pen. Code, § 1026.5 , subd. (b).) 1 He contends (1) the underlying jury verdict is not supported by substantial evidence, (2) the court erred when it denied his motion to dismiss the commitment petition as untimely, and (3) the court instructed the jury incorrectly. We conclude the court should have granted the motion to dismiss and reverse the order dated July 20, 2005, extending appellant's commitment. I. FACTUAL AND PROCEDURAL BACKGROUND In March 1996, appellant robbed a restaurant in Vallejo using an incendiary device. Based on this incident an information was filed charging appellant *Page 958 with robbery. (§ 211.) In June 1997, the court found appellant not guilty by reason of insanity and committed him to a psychiatric institution for a maximum period of six years. In May 2002, a…