P. v. Gonzales
Defendant Arthur Guiterrez Gonzales appeals from an order extending his commitment as a mentally disordered offender (MDO) pursuant to Penal Code[1]section 2970 to April 22, 2008.[2] Defendant contends the trial court abused its discretion by failing to dismiss the commitment petition on the ground it was filed late, in violation of the statutory time frame and too late to permit a trial to take place without holding him past his scheduled release date, and thus in violation of due process. Court agree and reverse.
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