McCune

In this case we construe Penal Code section 1026.5 (hereafter, section 1026.5), which governs state hospital commitments for those found not guilty by reason of insanity. Section 1026.5, subdivision (a), sets forth a “maximum term of commitment” (equal to the maximum prison term had there been a conviction); and section 1026.5, subdivision (b), sets forth an exception to this “maximum term”: if the committed individual “by reason of a mental disease, defect, or disorder represents a substantial danger of physical harm to others,” his or her commitment can be extended for successive two-year periods. (See § 1026.5, subd. (b)(1) & (8).)

Defendant’s maximum commitment was extended pursuant to section 1026.5, subdivision (b)(1) (hereafter, section 1026.5(b)(1); other subdivisions of section 1026.5 will be designated in like fashion). On appeal, defendant contends (1) his extension trial did not begin 30 days before his commitment period ended as mandated by section 1026.5, (2) his commitment cannot be extended because he no longer suffers from the same mental disease, defect, or disorder as when he was originally committed, and (3) there is insufficient evidence to show a…