Crosswhite

Defendant John Douglas Crosswhite appeals from an order extending his commitment to the state hospital pursuant to Penal Code section 1026.5, which authorizes, under specified conditions, extended commitment of a person found not guilty of a felony by reason of insanity (§ 1026), beyond the maximum term of commitment to which the person could have been sentenced for the underlying offense. Defendant contends section 1026.5, subdivision (b)(8) violates his due process and equal protection rights by excluding time spent on outpatient status from the maximum term of commitment. We shall conclude section 1026.5, subdivision (b)(8) does not violate due process or equal protection. We shall also reject defendant’s alternative argument that there was insufficient evidence that he continued to pose a substantial danger of physical harm to others so as to support his extended commitment. We shall accordingly affirm the judgment (order).

Background

On September 2, 1980, defendant was charged with assault with intent to commit murder (former § 217) and assault with a deadly weapon on a peace officer by means likely to produce great bodily injury (§ 245, subd. (b)) and was accused…