May 23, 2022 – Myers v. Superior Court (5th Dist., F083570)

Upon the filing of a petition for a one-year extension of an MDO commitment, trial on the petition must commence no later than 30 days before the person’s release date unless there is good cause for a continuance. Where this deadline is not met, the person must be released from custody pending trial. (People v. Cobb (2010) 48 Cal.4th 243.) The Court of Appeal holds that, under the plain language of PC 2972(c), the time a person spends on a Cobb release must be credited towards their commitment term, even though they are released from custody during that time.

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