What is the test for dismissing an SVPA petition for unreasonable delay in getting the matter to trial?

California, United States of America


The following excerpt is from People v. McClinton, 240 Cal.Rptr.3d 775, 29 Cal.App.5th 738 (Cal. App. 2018):

A trial court has inherent authority to dismiss an SVPA petition for an unreasonable delay in getting the matter to trial. ( People v. Evans (2005) 132 Cal.App.4th 950, 956-957, 34 Cal.Rptr.3d 35.) We review the denial of such an order under for an abuse of discretion. ( Ibid . ) "Where a trial court has discretionary power to decide an issue, we are not authorized to substitute our judgment for that of the trial court. [Citation.] Reversible abuse exists only if there is no reasonable basis for the trial courts action, so that the trial courts decision exceeds the bounds of reason. [Citations.]" ( Sanchez v. City of Los Angeles (2003) 109 Cal.App.4th 1262, 1271, 135 Cal.Rptr.2d 869.) Generally, "we will not disturb the trial courts ruling except on a showing the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice. [Citation.]" ( People v. Goldsmith (2014) 59 Cal.4th 258, 266, 172 Cal.Rptr.3d 637, 326 P.3d 239.)

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