In re Smith 7/10/06 CA2/7

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B184548

Case Date: 10/25/2006

Preview:Filed 7/10/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN

B184548 In re DAVID WOODROW SMITH, (Los Angeles County Super. Ct. Nos. ZM007064, NA052811)

on Habeas Corpus.

PETITION for writ of habeas corpus. Writ denied. David Woodrow Smith, in pro. per.; and J. Courtney Shevelson, under appointment by the Court of Appeal, for Petitioner. Steve Cooley, District Attorney, Brentford J. Ferreira, Phyllis C. Asayama and Rebecca Marie Madrid, Deputy District Attorneys, for Respondent.

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Petitioner David Woodrow Smith challenges his confinement as a sexually violent predator (SVP) on the ground that the conviction that brought him into the SVP evaluation and commitment system was invalidated after the SVP commitment petition was filed. We deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND In 1982, Smith was convicted of four counts of oral copulation on a child under the age of 16 (Pen. Code,

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