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Name: People v. Superior Court (Gary)
Case #: F034537
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/30/2000
Subsequent History: None

Dismissal of a recommitment petition in a sexually violent predator (SVP) case was appropriate where there was only one psychological evaluation filed with the petition. A recommitment petition must be supported by two concurring psychological evaluations. The established rules of statutory construction allow no other conclusion. The Legislature, by not expressing some different procedure for a recommitment, indicated its intent to require the same procedure as that required for the filing of an original petition. Further, it was not error for the trial court to have failed to continue the SVP hearing for a second evaluation, as the prosecution did not inform the court that it wanted additional time to do so. Dismissal of the proceedings was appropriate since no continuance was requested.