People v. McCune

Opinion

DAVIS, J.

In this case we construe Penal Code section 1026.5 (hereafter, section 1026.5), which governs state hospital commitments for those found not guilty by reason of insanity. Section 1026.5, subdivision (a), sets forth a “maximum term of commitment” (equal to the maximum prison term had there been a conviction); and section 1026.5, subdivision (b), sets forth an exception to this “maximum term”: if the committed individual “by reason of a mental disease, defect, or disorder represents a substantial danger of physical harm to others,” his or her commitment can be extended for…