P. v. McClinton CA4/3a
Defendant Lamar McClinton is civilly committed as a Sexually Violent Predator (SVP). (See Welf. & Inst. Code, § 6600 et seq.) McClinton filed a petition for conditional release. In a declaration, a psychologist opined McClinton was not likely to engage in sexually violent criminal behavior if conditionally released. The trial court denied the petition, finding the psychologist’s declaration did not contain enough information for the court to conclude the petition was “not frivolous.”
McClinton contends the trial court erred by denying the petition without an evidentiary hearing. The Attorney General concedes the error. We agree.
Thus, we reverse the trial court’s order denying McClinton’s petition for conditional release. On remand, we direct the court to conduct an evidentiary hearing.
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