P. v. Barbour 5/6/10 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C061291

Case Date: 07/29/2010

Preview:Filed 5/6/10

P. v. Barbour CA3

NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yuba) ---THE PEOPLE, Plaintiff and Respondent, v. ROBERT SEAN BARBOUR, Defendant and Appellant. C061291 (Super. Ct. No. MHO02001)

In this appeal, defendant Robert Sean Barbour challenges the constitutionality of indeterminate recommitment proceedings for sexually violent predators (SVP's). The California Supreme

Court's recent decision in People v. McKee (2010) 47 Cal.4th 1172 (McKee) is dispositive. Accordingly, we reject defendant's

due process claim but remand for further consideration of equal protection concerns.

FACTS AND PROCEEDINGS
Given the issues raised in defendant's appeal, a detailed description of the underlying facts is unnecessary. Defendant

was convicted in 1993 and 1995 of committing lewd and lascivious

1

acts with a child under the age of 14 (Pen. Code,

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