California Court of Appeal

Petition for writ of habeas corpus to require dismissal with prejudice of pending petition for petitioner's civil commitment as a sexually violent predator (SVP) and to require petitioner's release from custody is granted where: 1) according to In re Smith, SVP proceedings cannot proceed against a person after reversal on appeal of the felony conviction that was the basis of the person's custody at the time of the initiation of those proceedings; and 2) reversal of defendant's felony conviction in the jail door case was final before the SVP petition at issue was filed against him.

Appellate Information

• Decided 12/17/2008
• Published 12/17/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Eric Weaver, Albany, under appointment by the Court of Appeal, for Petitioner.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Julie Hokans, and Lewis A. Martinez, Deputy Attorneys General, for Respondent.