In Conservatorship of Hofferber (1980) 28 Cal.3d 161, the court held the state could confine incompetent criminal defendants under the LPS statute if by reason of a mental disease, defect, or disorder the person represented a substantial danger of physical harm to others. The court reversed for several reasons, one of which was that "Even if the defendant had a dangerous mental condition in 1974 the passage of time by itself the opinion was filed in 1980 diminishes the validity of an assumption that his dangerousness continues unabated." (Id. at p. 177 court also noted the defendant "already had been confined in a hospital for the three-year treatment period and psychiatric impressions gained during such a period of observation obviously are relevant and important means of determining whether a person once violent remains so".)