The People v. Pietromonaco CA3

Filed 9/4/13 P. v. Pietromonaco CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)

THE PEOPLE, C068569

Plaintiff and Respondent, (Super. Ct. No. 107294)

v.

DENNIS JOSEPH PIETROMONACO,

Defendant and Appellant.

Defendant Dennis Joseph Pietromonaco appeals from an extension of his commitment as a mentally disordered offender (MDO). The order in question, granted on April 1, 2011, extended Pietromonaco’s commitment to April 1, 2012, and retroactively extended his commitment from April 1, 2009 to April 1, 2010, and April 1, 2010 to April 1, 2011. Although the district attorney timely filed petitions to extend Pietromonaco’s commitment, there were numerous continuances, primarily requested by Pietromonaco, and the hearing was not held until April 1, 2011. He argues the court had no jurisdiction to extend his commitment after the 2008-2009 commitment expired. We shall affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND Pietromonaco was convicted of burglary following a guilty plea in 1991. In 1992, he was committed to Atascadero State Hospital as a condition of parole. The period of parole ended in 1996, after which he was recommitted as an MDO repeatedly from 1996 to April 1, 2009. Penal Code section 2970 provides that the district attorney may petition the court for continued involuntary treatment of an MDO, following notification from the medical director of the state hospital treating the MDO that the MDO’s severe mental disorder is not in remission or cannot be kept in remission without treatment.1 If the MDO and the district attorney both waive a jury trial, the court conducts a hearing on the petition for continued treatment. (§ 2972, subd. (a).) The trial commences no later than 30 calendar days before the MDO’s release date, unless the time is waived or good cause is shown. (§ 2972, subd. (a).) If the court or jury finds that the MDO still meets the requirements for commitment as an MDO, the person is recommitted for one year from the date of termination of the previous commitment. (§ 2972, subd. (c).) On December 10, 2008, the district attorney timely filed a petition to extend Pietromonaco’s MDO commitment ending April 1, 2009. Following the petition, the defense requested 22 continuances between December 19, 2008, and February 17, 2011. During this period there was one prosecution request for a continuance for the reason that the defense attorney was in trial on another matter. There were three joint requests for continuance--one because the prosecutor was in trial on another matter. The defense attorney repeatedly assured the court that it would be submitting Pietromonaco’s waiver, and informed the court that Pietromonaco would agree to the petition to extend his commitment.