Opinion
S276439
11-22-2022
RUSSO (VINCENT) ON H.C.
G061365 Fourth Appellate District, Div. 3.
Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division Three, with directions to issue an order to show cause
The petition for review is granted.
The matter is transferred to the Court of Appeal, Fourth Appellate District, Division Three. That court is ordered to vacate its summary denial dated September 8, 2022, and is further ordered to issue an order to show cause, returnable before that court. The Director of the State Department of State Hospitals is to be ordered to show cause why petitioner is not entitled to relief on the ground insufficient evidence supported the Orange County Superior Court’s February 20, 2020, finding that a reasonable person could entertain a strong suspicion petitioner “has a diagnosable mental disorder” that “makes it likely he . . . will engage in sexually violent criminal conduct if released . . . .” (Cooley v. Superior Court (2002) 29 Cal.4th 228, 236; Cal. Rules of Court, rule 8.528(d).)
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Guerrero, JJ.