California Supreme Court
The People, Plaintiff and Respondent v. Roy Cobb, Jr., Defendant and Appellant
March 8, 201048 Cal. 4th 243
Summary
The court held that the statutory deadline for beginning an MDO extension trial is directory rather than jurisdictional, so missing the deadline did not deprive the trial court of authority to conduct the proceeding. But due process prohibited continued confinement after the scheduled release date absent a valid time waiver or good cause for the delay. Because the delayed trial and confinement did not invalidate the eventual extension order, the judgment affirming the recommitment was affirmed.