People v. Olsen
Annotate this CaseOlsen was committed for an indeterminate term to the California Department of Mental Health after a jury determined defendant to be a sexually violent predator within the meaning of the Sexually Violent Predator Act (SVPA). (Welf. & Inst. Code, 6600). Olsen argued that the indeterminate term of commitment violated equal protection, due process, and the ex post facto and double jeopardy clauses. After remand proceedings, the trial court again ordered him committed for an indeterminate term under the SVPA. The appeals court affirmed. The trial court later denied Olsen’s petition for conditional release as frivolous. The appeals court reversed, directing the trial court to reconsider whether the petition for conditional release is based upon frivolous grounds within the meaning of section 6608(a). The court did not determine whether the petition was based upon frivolous grounds because any reasonable attorney would agree that the petition on its face and any supporting attachments are totally and completely without merit; “it was not for the trial court to decide the issue … it was only to determine whether [the defendant] had presented a petition based on nonfrivolous grounds so as to entitle [the defendant] to a hearing on the matter.
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