P. v. Paniagua
Defendant Carlos Paniagua appeals from the order denying his motion for unconditional release under Welfare and Institutions Code section 6608. At the time the motion was made and denied, defendant had been adjudicated a sexually violent predator and committed for treatment. That adjudication was reversed in People v. Paniagua (2012) 209 Cal.App.4th 499. Therefore, counsel for defendant argues as follows: that “the underlying judgment in the current case should be treated as void. Welfare and Institutions Code section 6608 only allows a petition for conditional release or unconditional discharge to be filed by a person who has been committed as a sexually violent predator. At this point in time, my client has not been committed as a sexually violent predator.†Defendant’s requested remedy is that “this Court summarily reverse the underlying judgment and remand the matter to the trial court with directions to dismiss my client’s Section 6608 petition as moot given the absence of an underlying sexually violent predator commitment.â€
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