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Name: Cooley v. Superior Court (Edwards)
Case #: B148019
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 05/31/2001
Subsequent History: Rev. den. 9/12/01

SVPA case. The trial court properly held that a probable cause hearing was required where the district attorney sought to recommit appellant as a sexually violent predator (SVP). The provisions of Welfare and Institutions Code sections 6604 and 6604.1 cannot be read in the manner suggested by the prosecutor, who argued that a probable cause hearing was no longer required to extend a commitment due to the passage of urgency legislation which took effect on September 13, 2000. The amendments do not constitute a comprehensive scheme which excludes other relevant provisions of the SVP statute which mandate a probable cause hearing.