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Name: People v. Glenn
Case #: G041245
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/26/2009

The trial court had jurisdiction over an SVP commitment where the commitment evaluation was based on a protocol held to be invalid. Glenn was committed as a sexually violent predator (SVP) based on an assessment protocol which was later held to be invalid as an “underground regulation” by the Office of Administrative Law (OAL). He filed a petition for writ of habeas corpus, contending that the invalid protocol deprived the trial court of jurisdiction over his commitment. The appellate court rejected the argument, finding that the trial court has authority to determine an SVP commitment, even if the evaluation was based on an invalid protocol. The court had jurisdiction here, Glenn was represented by counsel, and presented and cross-examined witnesses in front of a jury. The OAL finding did not suggest that the protocol was unreliable, and therefore Glenn had a fair trial and was not prejudiced by reliance on it. The court also rejected constitutional challenges to the SVPA as amended by Proposition 83.