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IN RE LUCAS

No. C062809.

182 Cal.App.4th 797 (2010)

105 Cal. Rptr. 3d 871

In re DAVID LUCAS on Habeas Corpus.

Court of Appeals of California, Third District.

March 5, 2010.

Attorney(s) appearing for the Case

Richard A. Ciummo & Associates, Jonathan Richter and Richard H. Kohl for Petitioner David Lucas.

Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Jeffrey D. Firestone and Jennifer M. Poe, Deputy Attorneys General, for Respondent State of California.

OPINION

ROBIE, J.—

In this habeas corpus proceeding, petitioner David Lucas claims that when the Placer County District Attorney filed the petition to commit him as a sexually violent predator in November 2008, he was not in the lawful custody of the Department of Corrections and Rehabilitation (corrections) because the Board of Parole Hearings (the board) had extended his custody for 45 days under Welfare and Institutions Code

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