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IAC for Failing to Advise Potential SVPA Involuntary Commitment

Case Name: In re Tellez (2022) 84 Cal.App.5th 292, review granted 1/19/2022
Case #: S277072/D079716
Last Updated: January 25, 2023

(1) Does constitutionally effective assistance of counsel require defense counsel to advise a defendant that a guilty plea may subject the defendant to commitment proceedings under the Sexually Violent Predator Act (Welf. & Inst. Code, § 6600 et seq.; SVPA)? If so, did petitioner in this case suffer prejudice? (2) In the alternative, should this Court, in the exercise of its supervisory powers (see, e.g., People v. Howard (1992) 1 Cal.4th 1132, 1175; Bunnell v. Superior Court (1975) 13 Cal.3d 592, 605), require that a defendant be advised that a guilty plea may subject him to SVPA commitment proceedings? If so, is petitioner entitled to relief? (Questions restated and review expanded on 1/25/2023.)

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