Dismissal of defendant's petition for unconditional release after he had been recommitted as a Sexually Violent Predator (SVP) is affirmed where: 1) the trial court did not abuse its discretion in dismissing the 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 the motion to dismiss where there were no changed circumstances to support a conclusion that defendant's condition had so changed he would not be a danger to others.
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Filed February 10, 2010
Opinion by Judge Ramirez
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, Kristen Kinnaird Chenelia, and Stacy A. Tyler, Deputy Attorneys General