Overly

Richard Overly appeals from an order of recommitment to Atascadero State Hospital for an additional two years. (Pen. Code, § 1026.5, subd. (b).) He contends there was insufficient evidence to support the trial court’s order and that Penal Code section 1026.5, subdivision (b) is inapplicable to the offense which underlies his original commitment. We disagree with both arguments and affirm the order.

I

Facts

On November 26, 1979, appellant, a patient at Atascadero State Hospital, assaulted another patient while in the dining room by stabbing him in the head and neck with a piece of silverware. This incident spawned a criminal charge against appellant of assault with a deadly weapon, a felony (Pen. Code, § 245, subd. (a)), to which he pleaded “not guilty” and “not guilty by reason of insanity.” Appellant and the People waived trial by jury; the trial court found him guilty of the felony charged and then, at the sanity phase of the trial, found him not guilty by reason of insanity. The court committed him to Atascadero State Hospital. (Pen. Code, § 1026.)

On April 9, 1984, the district attorney filed a petition for extended commitment requesting that appellant’s…