P. v. Garcia 8/8/08 CA5

State: California

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

Docket No: F052703

Case Date: 10/16/2008

Preview:Filed 8/8/08

CERTIFIED FOR PARTIAL 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.

OPINION

APPEAL from a judgment of the Superior Court of Fresno County. Gary S. Austin, Judge. Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and John A. Bachman, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts VIII. and IX. of the Discussion.

*Pursuant

Ruben Garcia was committed for treatment as a sexually violent predator (SVP) under the Sexually Violent Predators Act (SVPA) as amended by Proposition 831 (the amended SVPA or Proposition 83). (Welf. & Inst. Code,

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