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IN RE LUCAS

Nos. S181788, S182355.

53 Cal.4th 839 (2012)

137 Cal. Rptr. 3d 595

269 P.3d 1160

In re DAVID LUCAS on Habeas Corpus. THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CHRISTOPHER SHARKEY, Real Party in Interest.

Supreme Court of California.

March 5, 2012.

Attorney(s) appearing for the Case

Steve Cooley , District Attorney, Irene Wakabayashi , Head Deputy District Attorney, and Shirley S. N. Sun , Deputy District Attorney, for Petitioner the People in No. S182355.

Richard A. Ciummo & Associates, Jonathan Richter and Richard H. Kohl for Petitioner David Lucas in No. S181788.

No appearance for Respondent Superior Court in No. S182355.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Jeffrey D. Firestone , Julie A. Hokans and Jennifer M. Poe , Deputy Attorneys General, for Respondent State of California in No. S181788.

Michael P. Judge , Public Defender, Albert J. Menaster , Karen King and Jack T. Weedin , Deputy Public Defenders, for Real Party in Interest Christopher Sharkey in No. S182355.

OPINION

CORRIGAN, J.—

These consolidated cases raise the following question: Under the statutes and regulations applicable here, what showing must be made to postpone the filing of a sexually violent predator (SVP) petition beyond the inmate's scheduled release date to allow for the completion of a full SVP evaluation?

(1) A petition to commit a person as an SVP may be filed only "if the individual was in custody...

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