C.A. 1st;
A147412

The First Appellate District affirmed a trial court order granting a petition for writ of habeas corpus. The court held that the trial court correctly determined that it was not authorized to hold a new competency hearing for a defendant previously found incompetent to stand trial, who was committed for the maximum term allowed by law, and who was found not to have been restored to competence.

Jordan Taitano was charged with murder, robbery, carjacking, and other crimes. He was found incompetent to stand trial and was committed to a treatment facility. The commitment facility subsequently found there was no substantial likelihood Taitano would be restored to mental competence in the foreseeable future. It was further determined that Taitano was not gravely disabled so as to be subject to conservatorship; although he posed a danger to others in the community, the threat he posed was not attributable to a mental illness or his diagnosed disorder. Following completion of the three-year maximum commitment period authorized under Penal Code §1370(c)(1), Taitano filed a petition for writ of habeas corpus, seeking immediate release.