People v. Clark CA3

DISCUSSION

Defendant contends the trial court erred in summarily denying his petition because, as a “person . . . committed to a state hospital” pursuant to section 1026 (§ 1026.2, subd. (a)), he argues he is eligible to seek release pursuant to the provisions of section 1026.2.2 The People respond that because defendant’s commitment was extended

2 The statutory scheme we discuss uses the term “defendant” in section 1026 but thereafter uses the term “person” for the individual confined or committed to the state hospital or treatment facility. (See §§ 1026.1, 1026.2, 1026.5, 1600 & 1608.)

2 pursuant to section 1026.5(b), he was no longer entitled to avail himself of the release procedures set forth in section 1026.2 but was limited to the procedures delineated in section 1026.5(b)(9). We agree with the People.

I. Rules of Statutory Construction

“ ‘ “A fundamental rule of statutory construction is that a court should ascertain the intent of the Legislature so as to effectuate the purpose of the law. [Citations.] In construing a statute, our first task is to look to the language of the statute itself. [Citation.] When the language is clear and there is no uncertainty as to the…