Nguyen

BACKGROUND

On or about November 18, 2005, the People filed a petition to recommit defendant

as a SVP.2 Due to delays, a subsequent petition for recommitment was filed on January

1 All further statutory references are to the Welfare and Institutions Code unless otherwise indicated. 2 Minute orders and an order following the probable cause hearing pertaining to this petition are in the clerk‟s transcript, but the petition itself is not included in the record on appeal. The January 17, 2008, petition is in the clerk‟s transcript. The trial proceedings related to the November 2005 petition, resulting in a true finding on that petition, and a dismissal of the January 2008 petition on the grounds it was moot. 2 17, 2008, prior to trial on the 2005 petition. On July 13, 2009, following a bench trial on

the 2005 petition for recommitment, the trial court made a true finding that defendant

remained a SVP. Defendant was not present at the trial; his counsel informed the court

that his presence was waived. Defendant was committed to the DMH for an

indeterminate term, and the 2008 petition was dismissed as moot. Defendant timely

appealed.

DISCUSSION

1. Defendant’s Absence at the…