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PEOPLE v. SUPERIOR COURT (PRECIADO)

No. D036024.

105 Cal.Rptr.2d 159 (2001)

87 Cal.App.4th 1122

The PEOPLE, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Antonio Olguin PRECIADO, Real Party in Interest.

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

Review Denied June 27, 2001.

Attorney(s) appearing for the Case

Paul J. Pfingst, District Attorney, Thomas F. McArdle and D. Michael Ebert, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Steven J. Carroll, Public Defender, and Matthew C. Braner, Deputy Public Defender, for Real Party in Interest.

BENKE, J.

In this case we find that although a petition alleging that a person is a sexually violent predator (SVP) within the meaning of the Sexually Violent Predators Act (SVPA or Act) (Welf & Inst.Code, § 6600 et seq.)1 should not be filed until two psychotherapists have evaluated the alleged SVP and found that his condition meets the requirements of the Act, a failure to do so may be cured by the People after the petition...

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