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California Court of Appeal


People v. Superior Ct. of San Diego County, D051355

Dismissal of a petition to commit real party as a sexually violent predator (SVP) under the Sexually Violent Predators Act is affirmed where: 1) real party was in unlawful custody; 2) the government failed to show that its delay in filing the petition resulted from a good faith mistake of fact or law; and 3) Code of Civil Procedure section 12a did not extend the time to file the petition.

Appellate Information

  • Decided 01/24/2008
  • Published 01/24/2008

Judges

  • McINTYRE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bonnie M. Dumanis, District Attorney, Catherine A. Stephenson, Craig E. Fisher, Terrie Roberts and Stephen E. Carr, Deputy District Attorneys for Petitioner., Steven J. Carroll, Public Defender, Michael Ruiz, Laura Arnold, Deputy Public Defenders for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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