The People, Plaintiff and Respondent v. Roy Cobb, Jr., Defendant and Appellant

Summary

The court held that the statutory deadline requiring an MDO extension trial to begin before the scheduled release date is directory, so missing the deadline does not deprive the court of jurisdiction. Nevertheless, due process generally requires release pending trial after the commitment ends unless the defendant waives time or good cause supports the delay, because the extension proceeding concerns the defendant's current condition. The court affirmed because the delayed trial did not invalidate the eventual extension order and the defendant was not entitled to release at the time of decision.