PEOPLE v. GALINDO
Filed 8/15/06; pub. order 8/30/06 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Glenn)
----
| THE PEOPLE, Plaintiff and Respondent, v. ABRAHAM GALINDO, Defendant and Appellant. |
C049214
(Super. Ct. No. 96CR29406)
|
In February 2004, a petition for extended commitment under Penal Code[1] section 1026.5 was filed alleging that defendant Abraham Galindo had been committed under the provisions of section 1026 for the felony of possession of a firearm by a convicted felon (§ 12021, subd. (a)), with a strike allegation (§ 667, subds. (d) & (e)) and a prior prison term allegation (§ 667.5, subd. (b)). The petition alleged that defendant's commitment, which was scheduled to end on August 31, 2004, should be extended to August 31, 2006.
Jury trial was waived and a court trial was held in February 2005. Defendant's commitment was extended to August 31, 2006.
Defendant contends, and the Attorney General concedes, that following the recent case of In re Howard N. (2005) 35 Cal.4th 117 (Howard N.), section 1026.5, subdivision (b)(1), must be interpreted as requiring proof that a person under commitment has serious difficulty in controlling dangerous behavior. The parties disagree as to whether the trial court's failure to consider this â€
