People v. Superior Court (Finch)

Opinion

WHITE, P. J.

The People of the State of California, represented by the San Francisco District Attorney, challenge a trial court ruling dismissing a petition for a 180-day civil commitment pursuant to Welfare and Institu tions Code section 5300. The court found that the petition was untimely because filed one day late. We conclude that the remedy for an untimely petition is not dismissal of the petition, but release of the person committed, and that in any case, the petition was not untimely.

The Lanterman-Petris-Short Act, Welfare and Institutions Code section 5000 et seq., provides…