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PEOPLE v. SUPERIOR COURT

No. D051355.

71 Cal.Rptr.3d 462 (2008)

159 Cal.App.4th 301

The PEOPLE, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent. Charles Small, Real Party in Interest.

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

January 24, 2008.

Attorney(s) appearing for the Case

Bonnie M. Dumanis, District Attorney, Catherine A. Stephenson, Craig E. Fisher, Terrie Roberts and Stephen E. Carr, Deputy District Attorneys for Petitioner.

No appearance for Respondent.

Steven J. Carroll, Public Defender, Michael Ruiz, Laura Arnold, Deputy Public Defenders for Real Party in Interest.

McINTYRE, J.

Charles Small was scheduled to be released from prison on a Sunday, but the Department of Corrections kept him in custody so that the People could file a petition to civilly commit him as a sexually violent predator (SVP) under the Sexually Violent Predators Act (the Act, Welf. & Inst.Code, § 6600 et seq.) the following Monday. (All undesignated statutory references are to the Welfare and Institutions Code.) The issue presented is whether the...

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