Legal Opinion

Orey v. Superior Court

California Court of Appeal

Decided February 19, 2013No. G046111PublishedCited by 6 opinions

1Opinion of the Court

Opinion

FYBEL, J.

Introduction

By petition for writ of mandate/prohibition, Trampas Orey challenges the respondent court’s order denying his motion to dismiss a commitment petition filed against him pursuant to the Sexually Violent Predator Act (SVPA), Welfare and Institutions Code section 6600 et seq.1 He argues the respondent court erred because the SVPA commitment petition was not filed while he was in lawful custody under section 6601, subdivision (a)(2) (section 6601(a)(2)).

When the SVPA commitment petition was filed, Orey was in custody pursuant to a 45-day hold under section 6601.3,…

2Cases cited16 opinions

  1. Hubbart v. Superior CourtCalifornia Supreme Court · 1999
  2. People ex rel. Lungren v. Superior CourtCalifornia Supreme Court · 1996
  3. Ladd v. County of San MateoCalifornia Supreme Court · 1996
  4. Wasatch Property Management v. DegrateCalifornia Supreme Court · 2005
  5. People v. ManceboCalifornia Supreme Court · 2002

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3Cited by6 opinions

  1. People v. PruntyCalifornia Supreme Court · 2015
  2. People v. Superior Court of Los Angeles CountyCalifornia Court of Appeal · 2016
  3. People v. PruntyCalifornia Supreme Court · 2015
  4. Frausto v. Dept. of the Cal. Highway PatrolCalifornia Court of Appeal · 2020
  5. People v. Grundstrom CA2/6California Court of Appeal · 2016

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