P. v. Super. Ct. (O

State: California

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

Docket No: B232295

Case Date: 01/19/2012

Preview:Filed 9/22/11

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MICHAEL OCONNOR, Real Party in Interest. B232295 (Los Angeles County Super. Ct. No. ZM017031)

ORIGINAL PROCEEDING. Petition for writ of mandate. Harold Shabo, Judge. Petition granted. Steve Cooley, District Attorney, Irene Wakabayashi, Head Deputy District Attorney, Phyllis C. Asayama and Roberta Schwartz, Deputy District Attorneys for Petitioner. Ronald L. Brown, Public Defender, Albert J. Menaster, Craig Osaki and Jack Weedin, Deputy Public Defenders for Real Party in Interest. Kamala D. Harris, Attorney General, Julie Weng-Gutierrez, Senior Assistant Attorney General, Jennifer M. Kim and Tara L. Newman, Deputy Attorneys General, for Department of Mental Health as Amicus Curiae on behalf of The People.

Real party in interest Michael OConnors scheduled prison release date of January 5, 2011 was extended 45 days pursuant to Welfare and Institutions Code section 6601.3 and California Code of Regulations, title 15, section 2600.1, subdivision (d) (Regulation 2600.1(d)), to permit professionals at the California Department of Mental Health to complete evaluations to determine whether OConnor met the criteria for confinement as a sexually violent predator (SVP). Based on the completed evaluations, the Los Angeles County District Attorney filed a petition on February 8, 2011 for commitment of OConnor as an SVP. Respondent Los Angeles Superior Court granted OConnors motion to dismiss the petition and ordered OConnor released from custody, finding there was not good cause within the meaning of section 6601.3, as amended effective January 1, 2011, to extend OConnors release date and OConnors ensuing unlawful custody was not attributable to a good faith mistake of fact or law under section 6601, subdivision (a)(2). The People seek a writ of mandate directing the superior court to vacate its orders and to enter a new order reinstating the proceedings pursuant to the Sexually Violent Predator Act (SVPA) (

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