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California Court of Appeal


People v. Smith, A132152

In appeal from the denial of defendant's petition for conditional release as a sexually violent predator and writ of habeas corpus alleging inadequate assistance of counsel, judgment is reversed and remanded, where: 1) defendant is entitled to a new hearing under the procedures specified in Welfare and Institutions Code section 6605 because that section now applies to petitions for both conditional and unconditional release; and 2) defendant's counsel provided ineffective assistance in failing to request a hearing pursuant to section 6605.

Appellate Information

  • Decided 01/23/2013
  • Published 01/23/2013

Judges

  • POLLAK

Court

  • California Court of Appeal

Counsel

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