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