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Name: People v. Franklin
Case #: F039208
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/21/2003
Subsequent History: Rev. denied 4/9/03.

SVPA case. The defendant may be committed as sexually violent predator (SVP) on the basis that his 1978 conviction for rape (former Pen. Code, sec. 261, subd. (2)) qualifies as a predicate offense under Welfare and Institutions Code section 6600, subdivisions (a)(2) even though it led to an indeterminate sentence. The rape conviction in question occurred when appellant was 17 years old, found unfit for juvenile court, was tried as an adult and pled guilty. He was committed to CYA since he was under 21 years of age at the time of sentencing. He received a minimum term of 4 years and a maximum of 5 years, an indeterminate term since the offense was committed after July 1, 1977. The trial court found the conviction qualified as a predicate offense under SVPA. Examining statutory construction of section 6600, the Court of Appeal found subdivision (g) applicable since appellant was tried as an adult and it was not a juvenile adjudication of a sexually violent offense. In addition, the offense (a predecessor rape statute of current Pen. Code, sec. 261, subd. (a)(2)) qualifies under subdivision (a)(2)(D) [defining “sexually violent offense”] which does not specify whether the offender must have received a determinate or indeterminate sentence but includes all of the elements of an offense described in section 6600, subdivision (b). And, undertaking an examination of legislative history of subdivision (a)(2), the court found appellant’s conviction “falls squarely within the purview of section 6600, subdivision (a)(2)(D). . . .” The application of the section is not dependent on the type of sentence imposed but rather whether the purpose of the SVP Act is furthered.