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Name: People v. Ward
Case #: E030271
District 4 DCA
Division: 2
Opinion Date: 04/12/2002
Subsequent History: Rev. denied 6/19/02.
Summary

The trial court did not lose jurisdiction in a sexually violent predator case (Welf. and Inst. Code sec. 6601 et seq.) when it dismissed a first petition because it was supported by only one, and not two, psychological evaluations. First, a second petition (supported by two evaluations) was filed before the initial commitment expired. Second, Welfare and Institutions Code section 6601, subdivision (a), effective January 1, 1996 provides that a petition shall not be dismissed based on a later determination that the person’s custody was unlawful, if it was the result of a good faith mistake of law or fact. The court found People v. Superior Court (Gary ) (2000) 85 Cal.App.4th 207 factually distinguishable, since there the two evaluations disfavored commitment.