IN RE BANKS

Docket No. 10103.

88 Cal.App.3d 864 (1979)

152 Cal. Rptr. 111

In re GORDON BANKS on Habeas Corpus.

Court of Appeals of California, Fourth District, Division Two.

January 26, 1979.


Attorney(s) appearing for the Case

COUNSEL

Charles E. Ward, Public Defender, Littleton M. Gunn and Andrew E. Rubin, Deputy Public Defenders, for Petitioner.

Evelle J. Younger, Attorney General, Michael D. Wellington, Deputy Attorney General, James M. Cramer, District Attorney, and Joseph A. Burns, Deputy District Attorney, for Respondent.


OPINION

GARDNER, P.J.

In this case we hold that constitutional principles of equal protection and due process of law mandate that in calculating the maximum duration of an incompetency commitment under Penal Code sections 1368-1370, credit must be given for precommitment confinement attributable to the same criminal prosecution.

Petitioner, charged with a misdemeanor — brandishing a deadly weapon, Penal Code section...

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