P.

FACTS AND PROCEEDINGS

On November 12, 1999, defendant was charged with assault with a deadly weapon (§ 245, subd. (a)(1)) and entered a plea of not guilty by reason of insanity. The trial court ordered defendant committed to Atascadero State Hospital for the maximum term of eight years (cf. § 1026.5, subd. (a)(1)). Defendant’s initial term of commitment was set to expire on October 10, 2008. On July 23, 2008, the prosecutor filed a petition for extension of defendant’s commitment pursuant to section 1026.5, subdivision (b) (the 2008 petition). As described more fully below, that subdivision permits extension of an initial commitment for successive periods of two years where a defendant continues to represent a substantial danger of physical harm to others due to his mental disease, defect or disorder. On August 15, 2008, the trial court calendared the 2008 petition for hearing. However, because of repeated continuances not relevant to the matter before us, the hearing did not take place until April 13, 2010. On or about March 22, 2010, 22 days before the hearing on the 2008 petition, the prosecutor filed a new petition for extension of commitment (the 2010 petition), seeking…