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TURNER v. SUPERIOR COURT

No. D039787.

130 Cal.Rptr.2d 300 (2003)

105 Cal.App.4th 1046

James William TURNER, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; The People, Real Party in Interest.

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

Review Denied April 16, 2003.

Attorney(s) appearing for the Case

Steven J. Carroll, County Public Defender, Matthew C. Braner and Stephen Cohan, Deputy County Public Defenders for Petitioner.

No appearance for Respondent.

Paul J. Pfingst, District Attorney, Gregory Thompson, Assistant District Attorney, D. Michael Ebert and Anthony Lovett, Deputy District Attorneys, for Real Party in Interest.

HALLER, J.

This case raises the issue of the circumstances under which an individual may be found to be a sexually violent predator under the Sexually Violent Predators Act (SVPA) after a jury has previously determined the person was not a sexually violent predator and the district attorney then files a new commitment petition after a new custodial term resulting from a parole revocation. We conclude that although the prior jury determination does not necessarily...

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