P. v. Thomas
In 1981, defendant Christopher John Thomas was charged with attempted murder. (Pen. Code, 187, 664; unspecified statutory references that follow are to the Penal Code.) Defendant was found not guilty by reason of insanity because, at the time of the incident, defendant, acting under the delusion that his victim had killed defendants sister, struck his victim in the head with a hammer. Defendant was committed to the state hospital and that commitment has been extended on three occasions since his original commitment expired on June 24, 2000. This appeal follows an order entered in 2005 extending defendants commitment once again for an additional two years.
Defendant contends in the matter before us that the trial court failed to consider whether he has serious difficulty in controlling his dangerous behavior, a finding required on recommitment. Court agree, but, under the circumstances, Court find the error harmless beyond a reasonable doubt and affirm the judgment.
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