IN RE FRANKLIN

No. F055684.

169 Cal.App.4th 386 (2008)

In re EDWIN V. FRANKLIN on Habeas Corpus.

Court of Appeals of California, Fifth District.

December 17, 2008.


Attorney(s) appearing for the Case

Eric Weaver, under appointment by the Court of Appeal, for Edwin V. Franklin Petitioner.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Julie Hokans and Lewis A. Martinez, Deputy Attorneys General, for Respondent the state of California.


OPINION

GOMES, J.

Edwin V. Franklin petitions for writ of habeas corpus to require dismissal with prejudice of the pending petition for his civil commitment as a sexually violent predator (SVP) and to require his release from custody arising out of those proceedings.1 We will grant his petition.

FACTUAL AND PROCEDURAL BACKGROUND

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