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DAVENPORT v. SUPERIOR COURT

No. A131008.

202 Cal.App.4th 665 (2012)

135 Cal. Rptr. 3d 239

ROGER DAVENPORT, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

January 5, 2012.

Attorney(s) appearing for the Case

Mark Nicco and Janelle E. Caywood for Petitioner.

No appearance for Respondent.

Kamala D. Harris, Attorney General, Gerald A. Engler, Assistant attorney General, Moona Nandi and Bridget Billeter, Deputy Attorneys General, for Real Party in Interest.

OPINION

RIVERA, J.—

This writ proceeding presents the question of whether a trial court must dismiss a petition to commit a person as a sexually violent predator (SVP) when the original SVP evaluations were prepared using an invalid protocol and replacement evaluations result in a split of opinion. We conclude the answer is no.

I. BACKGROUND1

While petitioner Roger Davenport was serving...

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