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PEOPLE v. PACINI

Docket No. 10925.

120 Cal.App.3d 877 (1981)

174 Cal. Rptr. 820

THE PEOPLE, Plaintiff and Respondent, v. JOE PACINI, Defendant and Appellant.

Court of Appeals of California, Third District.

June 24, 1981.

Attorney(s) appearing for the Case

COUNSEL

Richard W. Phelan for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller and Thomas D. McCrackin, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BLEASE, J.

We are asked to decide whether the term of commitment of a patient to a state mental hospital (Pen. Code, § 1026) may be extended pursuant to Penal Code section 1026.5 by proceedings initiated by a petition filed after the expiration of the existing term. We hold that it may not and reverse the trial court's order extending the commitment of defendant Joe Pacini.

FACTS

Joe Pacini, now...

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