California Court of Appeal

Reset A A Font size: Print

Boysel v. Superior Court (People), G045202

In a commitment proceeding under the Sexually Violent Predator Act (SVPA), a petition for writ of mandate and prohibition is denied, but without prejudice to renewing the challenge to the SVPA commitment petition based on reports of all four post-Ronje evaluations, 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 based on the evaluations available at the time; and 3) an SVPA commitment petition is subject to dismissal if the post-Ronje evaluations do not produce the requisite concurrence of evaluators under Welfare and Institutions Code section 6601.

Appellate Information

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

Judges

  • Fybel

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Denise Gragg, Elizabeth Molfetta