In re DAVID WOODROW SMITH Part II
Reversal of defendant's predicate sex-crime conviction does not preclude court from continuing with Sexually Violent Predator Act proceedings that had already begun. Trial court has jurisdiction over SVP proceeding initiated while defendant is in unlawful custody unless custody was obtained in bad faith. Custody of defendant was not obtained in bad faith where conviction was reversed based on trial judge's error of statutory interpretation in attempting to provide jurors with guidance in response to a question submitted during deliberations, an interpretation sufficiently reasonable to be affirmed by court of appeal, although reversed by supreme court. Statute eliminating punitive consequences of conviction after new trial is ordered does not bar SVP Act proceedings which are not considered punitive.
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