P. v. Lambert CA5
Shohei Lambert (appellant) pled no contest to assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). The parties stipulated appellant was not guilty by reason of insanity (NGI), and the trial court ordered appellant committed to the Department of State Hospitals (DSH).
On appeal, appellant contends the trial court incorrectly calculated his custody credits, and therefore erred in denying his motion to dismiss because his maximum term of commitment had expired. Respondent concedes the trial court should have granted the motion to dismiss because appellant’s maximum term of commitment had expired regardless of how credits were calculated. We agree with the parties and remand the matter to the trial court with directions to grant appellant’s motion to dismiss.
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