Endsley

*96 This is Marc Anthony Endsley's second appeal challenging the denial of his Penal Code section 1026.2 petition for conditional release from the state hospital. (See Pen. Code, § 1026.2 subds. (a) - (m), unlabeled statutory citations refer to this code.) Endsley was committed to the state hospital in 1997 after a jury found him not guilty of the first degree murder of his father by reason of insanity (NGI).

*97 In his first appeal, he argued the trial court erred by summarily denying his petition without a hearing. (See People v. Soiu (2003) 106 Cal.App.4th 1191 , 1198, 131 Cal.Rptr.2d 421 ( Soiu ) [trial court may not deny § 1026.2 petitions for conditional release "without holding a hearing at which [the NGI petitioner] would be present"].) In People v. Endsley (2016) 248 Cal.App.4th 110 , 203 Cal.Rptr.3d 263 ( Endsley I ), we agreed he was entitled to a hearing and-interpreting section 1026.2, subdivision ( l ), which prohibits a trial court from ruling on an NGI's application for release without first reviewing the state hospital's recommendation on the appropriateness of release-held it was the duty of the trial court, not the NGI, to procure the recommendation. On remand,…