The Second Appellate District granted the People’s petition for writ of mandate. The court held that the recent enactment of a statute setting more stringent standards for the exigent circumstances that had to be shown to justify a delay in the processing of a Sexually Violent Predator Act petition for an incarcerated inmate rendered a state agency’s lack of compliance with those standards a good faith mistake of law.

Michael O’Connor was convicted on May 4, 1990 of 14 counts of committing lewd and lascivious acts upon a child under the age of 14. He was sentenced to an aggregate state prison term of 34 years.