P. v. Castillo 1/30/09 CA2/5

State: California

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

Docket No: B202289

Case Date: 05/13/2009

Preview:Filed 1/30/09

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, v. JAVIER CASTILLO, Defendant and Appellant.

B202289 (Los Angeles County Super. Ct. Nos. ZM009280, ZM006562, ZM004837 & BA058165)

APPEAL from a judgment of the Superior Court of Los Angeles County, Steven A. Marcus, Judge. Affirmed as modified. Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan Sullivan Pithey and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part V. of the Discussion.

Michael P. Judge, Public Defender, Albert J. Menaster and Jack Weedin, Deputy Public Defenders, as Amicus Curiae on behalf of Defendant and Appellant.

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On August 10, 2007, the jury found appellant Javier Castillo to be a sexually violent predator (SVP) under the Sexually Violent Predators Act (SVPA) (Welf. & Inst. Code,

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