Wilder

In this opinion we decide the constitutionality of Penal Code section 1026.5, subdivision (b), which sets out the procedures for extending the commitment to the state Department of Mental Health of a person found not guilty of a felony by reason of insanity.

Appellant Gary Lee Wilder (Wilder) contends he was denied due process at a trial under section 1026.5, subdivision (b), which resulted in an extension of his commitment. He argues section 1026.5, subdivision (b) is unconstitutional on its face and as applied, because extension of commitment under section 1026.5, subdivision (b) is based not on a finding of continued legal insanity under the M’Naghten test but on a standard which is unconstitutionally vague and overly inclusive. He also asserts (1) the trial court prejudicially erred by failing to instruct sua sponte on the legal meaning of the phrase “mental disease, defect or disorder”; (2)' he was denied equal protection by the application of section 1026.5, subdivision (b); (3) the prosecution’s use of evidence at the recommitment hearing was fundamentally unfair, depriving him of due process; (4) his attorney provided ineffective assistance because she stipulated…