Soiu

I. Introduction

Defendant, Dante Michael Soiu, appeals from the denial of his petition for placement in a conditional release program pursuant to Penal Code section 1026.2. Defendant argues the trial court committed error by denying his petition for placement in a conditional release program without holding an evidentiary hearing. We agree.

II. Procedural Background

On December 14, 2000, defendant was convicted of stalking. (§ 646.9, subd. (a).) The trial court also found that at the time of the commission of the offense, defendant was insane within the meaning of section 1026 and that he had not fully recovered his sanity. On the same date, defendant was ordered committed to the State Department of Mental Health for placement in a state hospital until such time as his sanity was restored. Defendant’s period of confinement was not to exceed three years. Defendant was given presentence credit for 215 days.

Defendant filed a petition for placement in a conditional release program pursuant to section 1026.2 on October 9, 2001. At the time, he was committed to Patton State Hospital. In determining that it would take no action on the petition, the trial court relied on the…