People v. SUDAR

Opinion

KLINE, P. J.

David Wayne Sudar appeals from an order extending his commitment to Napa State Hospital under Penal Code section 1026.5, subdivision (b). He contends his constitutional right to due process was violated by the trial court’s failure to instruct the jury that the prosecution was required to prove he had “serious difficulty controlling his dangerous behavior.” He further contends the petition should have been dismissed because it was not filed within the time specified by statute. We affirm.

STATEMENT OF THE CASE AND FACTS

In 1999, appellant was found not guilty by reason of…