People v. Herrera

Opinion

YEGAN, J.

On November 25, 1996, Ronald Steven Herrera (appellant) was committed to the California Department of Mental Health for two years

[1151]

after a jury found that he was a sexually violent predator within the meaning of the Sexually Violent Predator Act. (Welf. & Inst. Code, § 6604.)

1

We affirmed the judgment in an unpublished opinion

(People

v.

Herrera

(May 20, 1998) B108605), the California Supreme Court denied review, and the order is final.

Appellant contends that the superior court erred by summarily denying his petition to be conditionally released without appointing counsel or conducting a show cause hearing. We affirm. We hasten to observe that the instant appeal is not from the two-year commitment order. Rather, it is from an order denying appellant’s request for early release.

Statutory Framework and Proceedings Below

Section 6605 requires that the Department of Mental Health annually examine appellant’s mental condition and give appellant written notice of his right to petition for conditional release pursuant to section 6608. Section 6605, subdivision (b), states in pertinent part: “If the person does not affirmatively waive his or her right to petition the court for conditional release, the court shall set a show cause hearing to determine whether facts exist that warrant a hearing on whether the person’s condition has so changed that he or she would not be a danger to the health and safety of others if discharged. The committed person shall have the right to be present and to have an attorney represent him or her at the show cause hearing.”

On September 3, 1997, appellant received a document from the California Department of Mental Health. In boldface type, it stated: “Notification of Right to Petition Court for Conditional Release Under WIC 6608.” Appellant checked a box on the form which stated: “I request that my court of commitment schedule a show cause hearing to determine whether my condition has so changed that I would no longer be a danger to the health and safety of others if discharged.”