Jackson v. Superior CourtAnnotate this Case
Defendant was found incompetent to stand trial and was involuntarily committed for three years. Defendant was never made the subject of a conservatorship. Shortly after his release, the district court obtained a superseding indictment with identical charges under a new case number, as permitted by Cal. Penal Code 1387. When Defendant was rearrested under the new indictment, he argued that because he had already been committed for the three years authorized by Cal. Penal Code 1370(c), the trial court lacked the authority to order his rearrest. The Supreme Court held (1) defendants in Defendant’s position can be rearrested on charges that are refiled under 1387; but (2) if the trial court again determines that a defendant is not competent to stand trial, the defendant may be recommitted only for a period not exceeding the remaining balance, if any, of the three years authorized by section 1370(c).