Cheek

Cheek v. Superior Court

Bad Law

103 Cal. App. 4th 520·126 Cal. Rptr. 2d 820·2002 Cal. App. LEXIS 4923·2002 Daily Journal DAR 12697·2002 Cal. Daily Op. Serv. 10979

Court of Appeal of CaliforniaNovember 5, 2002H024218California2,742 words

Opinion

Bamattre-Manoukian, J.

Michael Thomas Cheek petitions for relief from the order of respondent Santa Cruz County Superior Court transferring to Lake County the People’s petitions to extend his commitment under the Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq.).

The SVPA confers jurisdiction over a petition for commitment to “the superior court of the county in which the person was convicted of the offense for which he or she was committed to the jurisdiction of the Department of Corrections.” (§ 6601, subd. (i).) Cheek was committed to the jurisdiction of the Department of Corrections for offenses that he committed in three separate counties: Lake County, Santa Cruz County, and Contra Costa County. We hold that because each of the three counties qualified as “the county in which the person was convicted of the offense for which he or she was committed to the jurisdiction of the Department of Corrections,” (§ 6601, subd. (i)), each county, including Santa Cruz, had jurisdiction over the SVPA proceedings. We will therefore issue a peremptory writ directing the Santa Cruz County Superior Court to reconsider its order transferring the petitions to Lake County.

I.…

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