Zachary

Imprisoned for conviction of forcible rape (Pen. Code, § 261, former subd. (2)) and resisting an executive officer (Pen. Code, § 69), petitioner was paroled in 1990 and as a condition thereof, involuntarily committed to Atascadero State Hospital, pursuant to article 4, chapter 7, title I, part HI of the Penal Code which has been referred to as the “Mentally Disordered Prisoners Act” (MDPA). (Pen. Code, § 2960 et seq.; People v. Kirkland (1994) 24 Cal.App.4th 891, 894-895 [ 29 Cal.Rptr.2d 863 ]; further statutory references to sections of an undesignated code are to the Penal Code.) Since then, petitioner has been recommitted to the state hospital from year to year, pursuant to section 2972 of the MDPA. His most recent one-year hospital commitment expired on March 15, 1997. The District Attorney of San Joaquin County neglected to file a petition to extend the commitment until 24 days after the most recent commitment expired. Petitioner moved to dismiss the petition for extension of the commitment. The respondent superior court denied the motion. Petitioner seeks an extraordinary writ either to compel the respondent court to reverse its order denying the motion or to…