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Legal Opinion

In Re Johns

California Court of Appeal

Decided May 28, 1981No. Civ. 50826PublishedCited by 20 opinions

1Opinion of the Court

Opinion

SCOTT, J.

This petition for writ of habeas corpus seeks to set aside an extension of the term of a commitment to state hospital. The commitment took place after a verdict of not guilty by reason of insanity (Pen. Code, § 1026) in an aggravated assault prosecution (Pen. Code, § 245, subd. (a)). The term was extended in proceedings taken pursuant to Penal Code section 1026.5. Petitioner’s contention is that violation of certain time limits set forth in that section resulted in an invalid extension. We have concluded that the time limits in question are not jurisdictional and that the…

2Cases cited4 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. People v. HannonCalifornia Supreme Court · 1977
  3. Barker v. Municipal Court of the Salinas Judicial District of Monterey CountyCalifornia Supreme Court · 1966
  4. Crockett v. Superior CourtCalifornia Supreme Court · 1975

3Cited by20 opinions

  1. People v. LaraCalifornia Supreme Court · 2010
  2. People v. WilliamsCalifornia Court of Appeal · 2000
  3. People v. FernandezCalifornia Court of Appeal · 1999
  4. People v. HillCalifornia Court of Appeal · 1982
  5. People v. EcholsCalifornia Court of Appeal · 1982

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