California Court of Appeal

Trial courts denial of defendant's petition for unconditional release after he had been recommitted as an SVP is affirmed where: 1) the trial court did not abuse its discretion in dismissing defendant's petition where defendant did not oppose the dismissal motion and conceded there were no changed circumstances at the hearing; and 2) trial counsel provided effective assistance of counsel in not opposing motion to dismiss where there were no circumstances to support a conclusion defendant's condition had so changed he would not be a danger to others.

Appellate Information

• Decided 11/20/2009
• Published 11/20/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.