California Court of Appeal

A retroactive order of commitment against defendant under the new provisions of Sexually Violent Predator Act after denying defendant's motion to dismiss consolidated petitions to extend his involuntary commitment is reversed and remanded where: 1) defendant's due process rights were violated by excessive pretrial delay; and 2) sections 6604 and 6604.1 of Welf. & Inst. Code in effect in March 2007 did not authorize an order imposing an indeterminate term of commitment retroactive to the date upon which defendant was first committed as an SVP under predecessor law.

Appellate Information

• Decided 04/23/2008
• Published 04/23/2008

Judges

• ELIA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Alfons G. Wagner, in Association with The Sixth DistrictAppellate Program, Under Appointment by the Court of Appeal, for Appellant.


• For Appellees:
  
• Dolores A. Carr, District Attorney, and James S. Cahan, Deputy District Attorney, for Respondent.