People v. Zichko CA2/6

FACTS AND PROCEDURAL HISTORY

In 2003, appellant was found NGI for making criminal threats (§ 422) and was committed to DSH for treatment. He has since been committed to DSH pursuant to numerous extensions. On December 8, 2021, DSH sent a letter to the San Luis Obispo County District Attorney’s Office (the District Attorney’s Office) requesting that it file a petition for another extension of appellant’s commitment, which was set to expire on May 15, 2022. On March 30, 2022, the People filed a petition to extend appellant’s NGI commitment pursuant to section 1026.5, subdivision (b). That same date, the trial court ordered DSH to comply with the prosecution’s request to produce records regarding appellant’s most recent two-year commitment. The petition did not purport to make a showing of good cause for being filed less than 90 days prior to the expiration of appellant’s commitment, as provided under subdivision (b)(2) of section 1026.5. On April 7, 2022, appellant requested a court trial on the petition and declined to waive the time requirements for his trial. When the parties appeared on April 12 to discuss the trial date, the prosecutor said she did not “have a clear answer”…