California Court of Appeal
Orey v. Superior Court of Orange County (People), G046111
Petition for writ of mandate challenging petitioner's commitment pursuant to the Sexually Violent Predators Act on the basis that he was not in lawful custody at the time the commitment petition was filed, is denied, where: 1) the 45-day hold to complete a full SVP evaluation was issued without good cause as defined in Welfare and Institutions Code section 6601.3(b) so petitioner was not in lawful custody at the time the commitment petition was filed; but 2) the unlawful custody resulted from a good faith mistake of law.
Appellate Information
- Decided 02/19/2013
- Published 02/19/2013
Judges
- FYBEL
Court
- California Court of Appeal