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Name: People v. Superior Court (Vasquez)
Case #: B166963
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 08/15/2003
Subsequent History: None

The appellate court interpreted a plea bargain in a 1996 sexual offense case to mean that if the People filed a petition under the Sexually Violent Predator Act following his incarceration, defendant could withdraw his plea. Thus the trial court erred in dismissing the petition, despite the fact that appellant had served all of his prison term for that offense. Appellant had two earlier convictions which would permit the filing of an SVP petition, even if he elected to withdraw his plea.