Reynolds

I

INTRODUCTION

Defendant Anthony Earl Reynolds appeals from a trial court order on July 6, 2010, in which the court found defendant incompetent to stand trial and ordered him committed to Patton State Hospital (Patton) pursuant to Penal Code section 1370.

Defendant contends the trial court violated his equal protection rights under In re Banks (1979) 88 Cal.App.3d 864 [ 152 Cal.Rptr. 111 ] [Fourth Dist., Div. Two] (Banks), by ordering him confined at Patton in excess of the three-year maximum commitment term under section 1370, subdivision (c)(1). Specifically, defendant argues the trial court erred in not applying Ms precommitment custody credits when calculating Ms three-year commitment term at *804 Patton. Defendant urges this court to reverse the commitment order, with directions that the trial court apply his custody credits against his commitment term at Patton, and find his previous confinement at Patton exceeded the three-year maximum term for the charged offenses. We reject defendant’s contentions and affirm the judgment.

II

FACTS

On September 30, 2007, defendant set fire to his mother’s home, where he had been living in a converted bedroom in the…