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Name: In re Smith
Case #: B184548
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 07/10/2006
Subsequent History: Rev. Granted 10/25/06: S141357

Appellant challenged his confinement as a sexually violent predator (SVP) by way of writ of habeas corpus on the ground that the conviction (for failing to register) which brought him into the SVP proceedings was reversed after the SVP commitment petition was filed. The appellate court denied appellant’s writ. Nothing in the relevant statutory provisions require SVP proceedings to stop when a conviction is reversed as long as the petition was originally filed lawfully. Here, the conviction for failing to register was reversed because of an error in jury instructions, and there was no suggestion that the error was made in bad faith.