In Re Polk

Opinion

HAERLE, Acting P. J.

I. Introduction

Elvin James Polk, who is confined at Atascadero State Hospital, petitions for a writ of habeas corpus. Petitioner was committed to the state hospital pursuant to an order of commitment under Penal Code section 1370 after he was found incompetent to stand trial. We issued an order to show cause why the relief requested should not be granted. Petitioner contends that his confinement is unlawful because the three-year time limit set forth in section 1370, subdivision (c)(1), has expired. Petitioner’s contention raises a question of first impression…