California v. LaBlancAnnotate this Case
Defendant-appellant Francis LaBlanc was currently committed for an indeterminate term of treatment as a sexually violent predator (SVP). In this appeal, LaBlanc challenged the trial court’s order pursuant to Welfare and Institutions Code1 section 6608, subdivision (a), denying, as frivolous, his petition for unconditional discharge. After review, the Court of Appeal concluded the trial court abused its discretion. Therefore, the Court reversed the order and remanded for the trial court to conduct an evidentiary hearing on the petition. The Court denied defendant’s request that on remand the hearing be assigned to a different judge.