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PEOPLE v. SUPERIOR COURT (WHITLEY)

No. A084054.

81 Cal.Rptr.2d 189 (1999)

68 Cal.App.4th 1383

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Contra Costa County, Respondent; Barry WHITLEY, Real Party in Interest.

Court of Appeals of California, First District, Division One.

Rehearing Denied February 3, 1999. Review Denied March 17, 1999.

Attorney(s) appearing for the Case

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Peter J. Siggins, Senior Assistant Attorney General, Morris Lenk, Supervising Deputy Attorney General, Bruce M. Slavin, Supervising Deputy Attorney General, for petitioner.

No appearance for respondent.

Charles H. James, Public Defender, Contra Costa County, Ron Boyer, Deputy Public Defender, for real party in interest.

Rowan Klein, Santa Monica, Donald Specter, Arnold Erickson, San Quentin, for the California Attorneys for Criminal Justice and the Prison Law Office as amici curiae on behalf of real party in interest.

STRANKMAN, Presiding Judge.

By petition for writ of mandate, the People challenge an order of the trial court dismissing a petition for the civil commitment of real party Barry Whitley under the Sexually Violent Predators Act (the Act). (Welf. & Inst. Code, § 6600 et seq.) We will grant the People's petition and direct the trial court to vacate its order of dismissal and to proceed instead with a probable cause...

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