People v. Phillips CA1/2

STATEMENT OF THE CASE

On November 15, 2013, the Napa County District Attorney filed a petition to extend appellant’s commitment (Pen. Code, § 1026.5) for two years following expiration of his then-current commitment on April 1, 2014.1 After continuances, jury trial began on April 7, 2014. On April 9, 2014, the jury found appellant represented a substantial danger of physical harm to others by reason of a mental disease, defect or disorder, and

1 The petition erroneously stated the extension was sought from April 1, 2012, to April 2, 2014, but correctly stated that the current commitment would expire on April 1, 2014.

1 the trial court ordered appellant’s commitment extended to April 9, 2016. Appellant filed a timely notice of appeal. Appellant filed his opening brief in this court on September 5, 2014; respondent, in its brief filed on October 15, 2014, agreed that the trial court’s order should be modified to state that appellant’s commitment was extended to April 1, 2016, rather than to April 9, 2016. Appellant’s attorney informed this court no reply brief would be filed since the parties were seeking the same remedy. On November 14, 2014, the trial court ordered its…