SUDAR

David Wayne Sudar appeals from an order extending his commitment to Napa State Hospital under Penal Code section 1026.5, subdivision (b). He contends his constitutional right to due process was violated by the trial court’s failure to instruct the jury that the prosecution was required to prove he had “serious difficulty controlling his dangerous behavior.” He further contends the petition should have been dismissed because it was not filed within the time specified by statute. We affirm.

STATEMENT OF THE CASE AND FACTS

In 1999, appellant was found not guilty by reason of insanity of three counts of arson, committed to Patton State Hospital, and then transferred to Napa State Hospital. (Pen. Code, §§ 451, subd. (c), 1026.) According to a subsequent evaluation by the Department of Mental Health, appellant set fire to a church, trailer park laundry, and another building in Gualala on January 31, 1998, “acting on his belief that God had given him messages and that he should carry out God’s wishes. He was attempting to bring attention to and expose a Satanic cult he believed was using these structures. He further believed and continues to believe that he is the Son of God…