People v. Superior Court (Ramirez)

Good Law
1999 Cal. App. LEXIS 261·70 Cal. App. 4th 1384·83 Cal. Rptr. 2d 402·99 Daily Journal DAR 3027·99 Cal. Daily Op. Serv. 2328
Court of Appeal of CaliforniaMarch 30, 1999A085269California3,032 words

Opinion

Opinion

Haerle, J.

I. Introduction

By petition for writ of mandate, the People challenge an order of the trial court dismissing a petition for the civil commitment of real party in interest Carlos Ramirez under the Sexually Violent Predators Act (SVPA or Act). (Welf. & Inst. Code, § 6600 et seq.) The issue presented is whether a petition to extend Ramirez’s commitment, filed four days before his release date, was timely filed under the Act. In this issue of first impression, we conclude that the trial court erred in finding the petition untimely. We will grant the People’s petition and direct the trial court to vacate its order of dismissal and to proceed instead with a trial under section 6604.

II. Factual and Procedural Background

On September 8, 1997, Ramirez waived trial and stipulated that he was a person described by section 6600 of the Act, and that he would be committed to the Department of Mental Health for two years. As part of the stipulation, his two-year commitment was to commence on September 1, 1996, and end on September 1, 1998.

On August 27, 1998, the People filed a petition for recommitment of Ramirez as a sexually violent predator pursuant to section 6604. The…

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