Trial courts denial of defendant's petition for unconditional release after he had been recommitted as an SVP is affirmed where: 1) the trial court did not abuse its discretion in dismissing defendant's petition where defendant did not oppose the dismissal motion and conceded there were no changed circumstances at the hearing; and 2) trial counsel provided effective assistance of counsel in not opposing motion to dismiss where there were no circumstances to support a conclusion defendant's condition had so changed he would not be a danger to others.
Filed November 20, 2009
Opinion by Judge Ramirez
For Appellant: Rudy Kraft
For Appellee: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Kristen Kinnaird Chenelia, Deputy Attorneys General