Garcetti

The People seek a writ of mandate directing respondent superior court to vacate its order dismissing the People’s petition for commitment of real party in interest Carnot Andres Lyles (Lyles) under the Sexually Violent Predators Act (SVP Act). (Welf. & Inst. Code, § 6600 et seq.)

The essential issue presented is whether the trial court erred in dismissing the People’s petition on the ground it lacked jurisdiction because Lyles was not lawfully in custody at the time the People filed the petition for commitment.

We conclude the trial court had jurisdiction to proceed on the petition for commitment, irrespective of the circumstances of Lyles’s parole revocation. Therefore, we grant the People’s petition for writ of mandate.

Factual and Procedural Background

On October 15,1979, in No. A558198, Lyles was convicted of nine felony counts including sodomy in concert (Pen. Code, § 286, subd. (d)) and was sentenced to state prison for a term of fifteen years and eight months. On September 22, 1989, in No. A577027, Lyles was convicted of a lewd act upon a child (Pen. Code, § 288, subd. (a)) and was sentenced to eight years in prison.

Before Lyles was scheduled to be released…