P. v. Allen 2/8/06 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H027835

Case Date: 05/17/2006

Preview:Filed 2/8/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. GREGORY SEAN ALLEN, Defendant and Appellant. _____________________________________/

H027835 (Santa Clara County Superior Court No. 171110)

Defendant Gregory Sean Allen challenges the trial court's August 2004 order purportedly extending from October 14, 2003 to October 14, 2004 his commitment as a mentally disordered offender (MDO). Allen claims that the trial court lacked jurisdiction to issue this order because no petition was filed seeking an extension of his commitment prior to the termination of his prior commitment. He alternatively claims that his right to due process was violated by extension of his commitment based on an untimely petition. We conclude that the statutory requirement that a petition be filed prior to the termination of an MDO commitment is a mandatory requirement with the consequence of dismissal for its violation. As this requirement was indisputably violated here over Allen's repeated objections, we are compelled to reverse the commitment order with directions to dismiss the petition.

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I. Background In 1994, Allen was convicted of sexual battery (Pen. Code,

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