People v. Mitchell

William B. Mitchell appeals from a judgment granting the petition of respondent pursuant to Penal Code section 1026.5 to extend appellant’s involuntary commitment, and ordering that his state hospital commitment as a mentally disordered offender be extended to January 16, 2006. Appellant contends the trial court abused its discretion by failing to dismiss the petition on the grounds it had been untimely filed without good cause. We disagree, and affirm.

Factual and Procedural Background

In December 1981, appellant pleaded not guilty by reason of insanity to a charge of assault with a deadly weapon or force likely to produce great bodily injury (§ 245, subd. (a)). In January 1982, he was committed to Atascadero State Hospital pursuant to section 1026. Since that time, he has been continuously recommitted to a state mental hospital pursuant to section 1026.5.

On January 2, 2004, respondent filed a petition for extended commitment under sections 1026 and 1026.5. At the time, appellant’s maximum term of commitment was due to expire on January 16, 2004. At the first court proceeding on the petition on January 7, 2004, Supervising Deputy Attorney General Joyce Blair, who had…