Jan. 6, 2023 – People v. Superior Court (Cheek) (6th Dist., H049691)

The superior court ordered the release of a sexually violent predator to a residence within a quarter mile of a private home school that did not exist until after community notification of defendant’s release. The Court of Appeal grants the district attorney’s writ of mandate, finding the statute (WIC 6608.5(f)) applies to home schools, and does not require the school to have been operating for a particular time. The dissent cautions that “the tactical filing of home-schooling affidavits” maximizes the likelihood of the defendant’s release as a transient.