P. v. Garcia 8/25/08 CA5

State: California

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

Docket No: F052703M

Case Date: 10/16/2008

Preview:Filed 8/25/08

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F052703 Plaintiff and Respondent, (Super. Ct. No. F90420081-2) v. RUBEN GARCIA, Defendant and Appellant. THE COURT: It is ordered that the opinion filed herein on August 8, 2008, be modified as follows: 1. On page 15, the second and third full paragraphs beginning with "This

ORDER MODIFING OPINION [NO CHANGE IN JUDGMENT]

claim was made" are deleted and the following paragraph is inserted in their place, which will require the renumbering of all subsequent footnotes: This claim was made, and rejected, in the recently published case of Boyle, supra, 164 Cal.App.4th at pages 1286-1288. Boyle concluded that SVP's are not similarly situated with other individuals who are committed civilly because (1) the group has an extremely high rate of recidivism, resulting in a high danger to the community; (2) the group commits predatory offenses, that is, offenses against individuals with whom the offender does not have a relationship; and (3) such individuals require long-term treatment with only a limited likelihood of cure. (Ibid.) We also note the amended SVPA is directed at a very narrow group of individuals (those convicted of specific sex crimes with a mental disorder

that predisposes them to commit such crimes). We agree with Boyle that SVP's are not similarly situated with other individuals who have been committed under different civil commitment statutes. Accordingly, we reject Garcia's equal protection challenge to the amended SVPA. Except for the modifications set forth, the opinion previously filed remains unchanged. There is no change in the judgment. _____________________ CORNELL, Acting P.J.

I CONCUR:

_____________________ DAWSON, J.

2.

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