People v. Pacini

Opinion

BLEASE, J.

We are asked to decide whether the term of commitment of a patient to a state mental hospital (Pen. Code, § 1026) may be extended pursuant to Penal Code section 1026.5 by proceedings initiated by a petition filed after the expiration of the existing term. We hold that it may not and reverse the trial court’s order extending the commitment of defendant Joe Pacini.

Facts

Joe Pacini, now 74 years of age, was committed to Atascadero State Hospital on January 6, 1976, after having been found not guilty by reason of insanity of voluntary manslaughter. (Pen. Code, §§ 192, subd. 1,…