P. v. Lara 7/17/07 CA6

State: California

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

Docket No: H028895

Case Date: 09/25/2007

Preview:Filed 7/17/07 P. v. Lara CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

THE PEOPLE, Plaintiff and Respondent, v. DAVID ALAN LARA, Defendant and Appellant.

H028895 (Santa Clara County Super. Ct. No. C9803113)

David Lara appeals from an order extending his commitment under Penal Code section 1026 pursuant to Penal Code section 1026.5, subdivision (b).1 Before trial, he unsuccessfully moved to dismiss the petition to extend the commitment on the ground that the untimely filing of the petition violated his statutory and due process rights. Following trial, a jury found that appellant, by reason of mental disease, defect or disorder, continued to represent a substantial danger of harm to others. On appeal, he argues that the trial court denied him due process by proceeding on an untimely petition filed late without good cause, erroneously admitted prejudicial hearsay at trial, and gave an unconstitutional jury instruction. We agree that the petition should have been dismissed.

1

All further statutory references are to the Penal Code unless otherwise specified.

A. Procedural History After pleading guilty and not guilty by reason of insanity (NGI) to the charge of false imprisonment effected by violence, menace, fraud, and deceit (

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