Cobb

[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.] OPINION

Defendant Roy Cobb, Jr., appeals from an order committing him to a state hospital as a mentally disordered offender (MDO). He contends that his right to due process was violated because the trial on the commitment petition did not begin until after he was due to be released. We will hold that this did not violate due process because defendant had already had notice and an opportunity to be heard when he was initially found to be an MDO and therefore also found to be subject to treatment as a condition of parole under Penal Code section 2962 . In the unpublished portion of this opinion, we will conclude that defendant's other contentions are moot.

On June 19, defense counsel moved to dismiss, on the ground that defendant had not been brought to trial in a timely manner. The trial court denied the motion. At that point, motions in limine were heard; later that day, jury selection began. On June 22, the jury…