California Court of Appeal

Petitions for writ of mandate challenging trial court's denial of petitioners' motions to dismiss recommitment petitions, brought after the trial court granted People's motions to convert petitioners' involuntary two-year commitment under the Sexually Violent Predator Act (SVPA) to an indeterminate term under the 2006 amendment to the SVPA, are denied where: 1) substantial evidence supports the trial court's finding that the People made a good faith mistake of law when they failed to timely file the recommitment petitions before the expirations of petitioners' most recent two-year commitment periods; 2) the good-faith exception of section 6601(a)(2) precludes dismissal of the untimely recommitment petitions because petitioners' unlawful custody was due to People's mistake of law; and 3) therefore, the trial court properly denied petitioners' motions to dismiss and the court has jurisdiction to proceed on the petitions.

Appellate Information

• Decided 11/16/2009
• Published 11/16/2009

Judges

• BAMATTRE-MANOUKIAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Mary J. Greenwood, Public Defender, Michael S. Ogul, Deputy Public Defender, Matthew M. Wilson, Deputy Public Defender, for Petitioner, The People of the State of California., Edmund G. Brown, Jr., Attorney General, Bridget Billeter, Deputy Attorney General, for Real Party in Interest.


• For Appellees:
  
• No appearance by Respondent.