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PEOPLE v. SUMAHIT

No. C043152.

27 Cal.Rptr.3d 233 (2005)

128 Cal.App.4th 347

The PEOPLE, Plaintiff and Respondent, v. Frank Romas SUMAHIT, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied July 13, 2005.

Attorney(s) appearing for the Case

Gary E. Gibbs, Petaluma, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Carlos A. Martinez, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION ON REHEARING

MORRISON, J.

In the published portion of this opinion we hold that a person who has been found to be a sexually violent predator (SVP) is precluded from challenging the sufficiency of the evidence that he currently lacks the ability to control his behavior, where he refuses to be interviewed by the state...

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