Davenport

This writ proceeding presents the question of whether a trial court must dismiss a petition to commit a person as a sexually violent predator (SVP) when the original SVP evaluations were prepared using an invalid protocol and replacement evaluations result in a split of opinion. We conclude the answer is no.

I. BACKGROUND

While petitioner Roger Davenport was serving a term in a California state prison, prison officials referred him to the State Department of Mental Health (DMH) to determine if he met the criteria for commitment under the SVP Act (Welf. & Inst. Code, § 6600 et seq.). 2 Two mental health professionals, Dr. Jeremy Coles and Dr. Thomas MacSpeiden, evaluated Davenport in accordance with a standardized assessment protocol developed by the DMH. 3 Coles and MacSpeiden both concluded Davenport met the criteria for SVP commitment.

Based on the concurring evaluations, the San Francisco County District Attorney filed a petition to commit Davenport as an SVP. (§ 6601, subd. (d).) After a hearing, the trial court found probable cause to believe Davenport was an SVP.

While the matter awaited trial, the Fourth District Court of Appeal decided In re Ronje (2009) 179…