People v. Smith

Opinion

POLLAK, J.

Before us is a consolidated appeal from the denial of Michael James Smith’s petition for conditional release as a sexually violent predator (SVP) pursuant to the provisions of the Sexually Violent Predator Act (the Act) (Welf. & Inst. Code, § 6600 et seq.)1 and Smith’s petition for a writ of habeas corpus alleging that he received inadequate assistance of counsel because his appointed attorney requested relief under the wrong provision of the Act. The consolidated cases present, first, the question of whether under the amended provisions of the Act, an SVP may seek…