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Name: People v. Superior Court (Preciado)
Case #: D036024
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/19/2001
Subsequent History: Rev. den. 6/27/01

Although a petition alleging a person is a sexually violent predator (SVP) should not be filed until two psychotherapists have evaluated the person and concluded he meets the statutory criteria, the failure to do so may be cured by the People after the petition is filed. The trial court erred in dismissing the petition where it was timely filed and the required evaluations were performed prior to the end of the person’s previous SVP commitment.