Cobb

Having served his sentence for assault with a deadly weapon, defendant Roy Cobb, Jr., was committed in 2005 to a state hospital for treatment as a mentally disordered offender (MDO). After that commitment ended, a jury found that his condition persisted, and his commitment was extended in this proceeding. 1 On appeal, defendant contended he was denied due process because he remained confined while his extension trial was continued, without good cause, beyond his scheduled release date.

As we will explain, several issues presented here have been effectively resolved in the companion case, where they arose in the context of a commitment following a verdict of not guilty by reason of insanity (NGI). (See People v. Lara (2010) 48 Cal.4th 216 [ 106 Cal.Rptr.3d 208 , 226 P.3d 322 ] (Lara).)

This case differs from Lara , in that here the Court of Appeal held that the original finding that defendant was an MDO justified his confinement until the extension petition was tried, even if good cause was not shown for continuing his trial beyond his scheduled release date. It reasoned: “Essentially, there has already been a determination that the defendant is an MDO; at the trial, the…

Defendant Roy Cobb, Jr., was convicted of assault with a deadly weapon in 2001. The present appeal is from a judgment extending Cobb’s commitment under the Mentally Disordered Offender Act (Pen. Code, § 2960 et seq.). Although defense counsel stated at each court appearance, beginning over a month before defendant’s prior commitment expired, that she was ready for trial on the petition to extend the commitment, that trial did not actually begin until 23 days after defendant’s prior commitment had expired. The trial court denied defendant’s request for release that was made at the expiration of his prior commitment, and defendant was forced to remain in custody pending trial. Defendant claims that he was prejudiced by the delayed trial and by his continued confinement and that the delay was without good cause.

In People v. Lara (2010) 48 Cal.4th 216 [ 106 Cal.Rptr.3d 208 , 226 P.3d 322 ], this court upheld a judgment extending a commitment under Penal Code section 1026.5 where the filing of the petition and the commencement of the trial were delayed, the delay was without good cause, and the defendant similarly remained in custody pending trial even after the expiration of his…

Having served his sentence for assault with a deadly weapon, defendant Roy Cobb, Jr., was committed in 2005 to a state hospital for treatment as a mentally disordered offender (MDO). After that commitment ended, a jury found that his condition persisted, and his commitment was extended in this proceeding. [1] On appeal, defendant contended he was denied due process because he remained confined while his extension trial was continued, without good cause, beyond his scheduled release date.

As we will explain, several issues presented here have been effectively resolved in the companion case, where they arose in the context of a commitment following a verdict of not guilty by reason of insanity (NGI). (See People v. Lara (2010) 48 Cal.4th 216 ( Lara ).)

This case differs from Lara , in that here the Court of Appeal held that the original finding that defendant was an MDO justified his confinement until the extension petition was tried, even if good cause was not shown for continuing his trial beyond his scheduled release date. It reasoned: "Essentially, there has already been a determination that the defendant is an MDO; at the trial, the prosecution simply must…