People v. Curtis

Opinion

SIMS, J.

Defendant John Benton Curtis appeals from a judgment extending his commitment as a mentally disordered sex offender (MDSO). (la) For reasons discussed later, his trial began 28 days before his release date, in violation of former Welfare & Institutions Code section 6316.2, subdivision (d), which required his trial to begin no later than 30 days before his release date. He contends the statutory time limit is jurisdictional and that his trial was barred. However, we conclude the statutory time limit is directory, not jurisdictional. Since defendant’s trial was completed 27 days…