Angeletakis

Anthony Nick Angeletakis was found not guilty by reason of insanity of felonious assault with the use of a firearm and committed to Patton State Hospital in March 1981. In June 1990, during the hearing on the third extension of his commitment (Pen. Code, § 1026.5), Angeletakis moved to institute proceedings to determine his present competence to stand trial (Pen. Code, § 1368). His motion was denied and his commitment was extended for an additional two years. He appeals from the judgment, contending that a person subject to a commitment extension hearing has the right, under due process principles and express statutory authority, to understand the nature of the proceedings against him and to assist his counsel in the conduct of his defense; accordingly, he claims the trial court erred in denying his motion to suspend the proceedings and demonstrate his incompetence. We disagree with Angeletakis, however, and find that proceedings to determine present sanity do not apply to a hearing to extend a commitment under Penal Code section 1026.5.

In August 1989, the district attorney filed a petition to extend Angeletakis’s commitment an additional two years (§ 1026.5); in June…