California Court of Appeal

In a commitment proceeding under the Sexually Violent Predator Act (SVPA), a petition for writ of mandate and prohibition is granted, where: 1) an SVPA commitment petition may be challenged before the probable cause hearing by a nonstatutory pleading authorized by People v. Superior Court (Ghilotti) 27 Cal.4th 888 (2002); 2) the trial court erred by denying the petitioner's plea in abatement because the post-Ronje evaluations did not satisfy the statutory requirement of concurring evaluators; and 3) the trial court erred by ordering the petitioner to undergo an additional mental evaluation.

Appellate Information

• Decided 03/28/2012
• Published 03/28/2012

Judges

• Fybel

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Denise Gragg, Elizabeth Molfetta