People v. Superior Court of Los Angeles County

In the underlying proceeding pursuant to the Sexually Violent Predator Act (SVPAct) (Welf. & Inst. Code, § 6600 et seq.), the trial court granted real party in interest Albert Sokolich’s motion to dismiss the petition for his commitment as a sexually violent predator. Petitioner seeks a writ directing the court to reinstate the petition, vacate the order for Sokolich’s release, and set the matter for further proceedings. We grant the petition for writ of mandate.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

In May 1995, Sokolich was convicted of annoying and molesting a child under the age of 18 (Pen. Code, § 647.6) and carrying a concealed firearm in a vehicle (Pen. Code, former § 12025, subd. (a)(1)), after two girls, aged 11 and 12, reported that he had been following them for over a month. He was sentenced to three years of summary probation, five days in jail, and psychiatric counseling.

Between November 1999 and February 2000, Sokolich engaged in several incidents of sexual misconduct involving children between the ages of six and eight, including exposing himself and soliciting oral sex. Upon Sokolich’s arrest following one of the incidents, officers found a knife…