P. v. Ballardo CA2/4
In February 2005, the People filed a petition to commit appellant Victor Ballardo as a sexually violent predator (SVP). After a March 2018 trial, the court found appellant to be an SVP and ordered him committed for a two-year term.
On appeal, appellant does not dispute that substantial evidence supported the court’s finding that he was an SVP. Instead, he argues that: (a) the length of delay between the filing of the petition and the trial thereon violated his due process right to a timely trial; (b) the court erred in failing to inquire into a potential conflict of interest between his counsel and him, namely that bringing a motion to dismiss would have been beneficial to appellant, but damaging to his counsel; and (c) his counsel was ineffective in failing to bring a motion to dismiss.
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