Can a recommitment petition be filed before the expiration of a long-term commitment?

California, United States of America


The following excerpt is from People v. The Superior Court of Orange County, G043937, Super. Ct. No. M-10354, Super. Ct. No. M-11042 (Cal. App. 2011):

If the trial court's finding of "de facto" commitment is based on the 2003 commitment, Rigby contends the court's ruling is correct. Citing Orozco v. Superior Court (2004) 117 Cal.App.4th 170 (Orozco), Rigby reasons that as long as the recommitment petition is filed prior to the expiration of the current commitment, the trial court's jurisdiction remains intact and the expired case can serve as the basis for allowing Rigby to petition for conditional release.

Other Questions


What is the test for late filing a petition for relief from failure to file section 946.6? (California, United States of America)
Does a judgment become final when the availability of appeal and the time for filing a petition for certiorari have expired? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
Does the filing of a bankruptcy petition constitute an automatic stay of a judicial proceeding against the debtor that was or could have been commenced before the debtor filed? (California, United States of America)
What is the test for determining whether there were two crimes committed at the same time, one committed with the same intent and objectives, and the other committed with different intentions and objectives? (California, United States of America)
Does the Court of Appeal have jurisdiction to deny without prejudice a habeas corpus petition from a defendant who has not filed a petition in the proper lower court? (California, United States of America)
Can a defendant who committed an assault with intent to commit sex crimes such as kidnapping, rape and forcible oral copulation receive a determinate sentence for the assault that followed? (California, United States of America)
Is a defendant who commits a violent crime against several victims more culpable than a violent offender who commits violent crimes against one person more than one? (California, United States of America)
What is the difference between aiding and abettor culpability under the natural and probable consequences doctrine for a nontarget, or unintended, offense committed in the course of committing a target crime? (California, United States of America)
Does a summary denial of a pretrial petition for extraordinary relief prevent a defendant from appealing against his conviction and sentence to death for a violent crime committed while he was still a minor? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.