SVP’s and requests for discharge

Jay Leiderman
By: Jay Leiderman
August 03 2015

The trial court abused its discretion by denying, as frivolous, the SVP’s petition for an unconditional discharge. 
Defendant was committed for an indeterminate terms as a sexually violent predator (SVP). The trial court abused its discretion by denying as frivolous defendant’s petition for unconditional release given his colorable showing that his diagnosis of paraphilic coercive disorder was not scientifically valid, and that his advancing age and medical condition make it unlikely that he will reoffend if released. The matter was remanded for an evidentiary hearing on defendant’s request.
People v. La Blanc ____ Cal.App.4th ____, ____ Cal.Rptr.3d ____, 2015 D.A.R 8451 (4th Dist. 2015) July 22, 2015 (E059589)