Supreme Court of California

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People v. Lara, S155481

Following defendant's prosecution for false imprisonment of a child, finding of not guilty by reason of insanity, and commitment to a state hospital, the judgment of the court of appeal directing that the trial court grant defendant's motion to dismiss the petition for an extension of his commitment is reversed where: 1) the statutory deadline for filing an extension petition is directory, not mandatory, as long as the petition is filed before the expiration of the current commitment; 2) defendant was not entitled to a dismissal of the petition on due process grounds; and 3) upon motion, defendant would have been entitled under due process to release pending trial, subject to possible proceedings under the Lanterman-Petris-Short Act. However, defendant is not now eligible for release because the court retained jurisdiction to try him and he received a fair trial.

Appellate Information

  • Decided 03/08/2010
  • Published 03/08/2010




  • Supreme Court of California


  • For Appellees:
  • Lauretta Marie Oravitz-Komlos, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Assistant Attorney General, Laurence K. Sullivan, Seth K. Schalit, Dorian Jung and Brent Wilner, Deputy Attorneys General, for Plaintiff and Respondent., Dolores A. Carr, District Attorney (Santa Clara), Dana Overstreet and Paul Colin, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.