Landau

*35 Opinion

Appellant Nathaniel Sidney Landau was committed for an indefinite term to a state hospital on April 24, 2009, after having been found to be a sexually violent predator (SVP). (Welf. & Inst. Code, § 6604; further undesignated statutory references are to this code.) Appellant’s annual examination (§ 6605, subd. (a)) resulted in a report wherein the evaluator concluded that while appellant remains a pedophile, he no longer poses a danger, and it is in his best interest to be treated in a less restrictive setting. The director of the Coalinga State Hospital disagreed with the recommendation and informed the court in a one-page letter filed with the annual report. Appellant then filed a petition for his unconditional release. (See §§ 6605, 6608.) The superior court judge who presided over appellant’s SVP trial found the petition was not authorized under section 6605 and was filed pursuant to section 6608. The court then denied the petition as frivolous. We find the petition should have been considered as having been filed under section 6605. Accordingly, we reverse and remand the matter to the superior court to proceed as if the petition was filed pursuant to section 6605…