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Name: People v. Zapisek
Case #: A113074
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 02/22/2007

Pursuant to Penal Code sec. 1026.5 (b), the term for a person who was found legally insane and committed to a state hospital may be extended for two years on petition of the prosecution only if the People show that the person has a serious difficulty controlling potentially dangerous behavior. After assaulting an elderly stranger in San Francisco, believing him to be Satan, Mr. Zapisek was found to be legally insane and was committed to Atascadero State Hospital. At his third commitment hearing, the court extended his commitment for two years. The appellate court rejected the prosecution’s position that the holding in People v. Galindo (2006) 142 Cal.App.4th 531 requiring a finding that a defendant had serious difficulty controlling his behavior was not the correct standard. Regardless, the appellate court found that sufficient evidence had been presented at Mr. Zapisek’s hearing that he had serious difficulty controlling his behavior.