People v. Littlejohn-Zabel CA5

INTRODUCTION

Defendant Charles Gene Littlejohn-Zabel, Jr., appeals an order of commitment the trial court entered pursuant to Welfare and Institutions Code section 6600 et seq.,1 the Sexually Violent Predators Act (SVPA). He contends there is insufficient evidence to support the court’s finding that he suffers from a mental disorder that impairs his ability to control violent sexual impulses and renders him a danger to the health and safety of others if released from custody. Specifically, defendant argues that the evidence does not show that he currently suffers from a mental disorder and evidence of his past inability to control his sexually violent behavior is insufficient to show he is currently unable to control his sexually violent behavior. We disagree and affirm the order of commitment.

PROCEDURAL BACKGROUND

Defendant pleaded guilty to committing a lewd act upon a child in violation of Penal Code section 288, subdivision (a) after being charged by the District Attorney of Tuolumne County on March 7, 2012. The trial court sentenced him to a term of six years in prison on July 9, 2012. On July 12, 2017, the District Attorney of Tuolumne County filed a petition to commit…