California Court of Appeal

Defendant's request for habeas relief, claiming that when the district attorney filed the petition to commit him as a sexually violent predator he was not in the lawful custody of the department of corrections because the board of parole hearings had extended his custody for 45 days without showing of good cause, is denied where: 1) although the hold was unlawful as the showing of good cause required for a 45-day hold under section 6603.1 was never made; 2) the board did, in fact, rely on regulation 2600.1(d) in placing the 45-day hold on defendant; and 3) the board's presumptive reliance on regulation 2600.1(d) constitutes a good faith mistake of law.

Appellate Information

• Decided 03/05/2010
• Published 03/05/2010

Judges

Court

• California Court of Appeal

Counsel