People v. Holmes CA4/2

BACKGROUND

In 2010, the San Bernardino County District Attorney petitioned to have Holmes

committed indefinitely as a sexually violent predator under Welfare and Institutions Code

section 6600, et seq., also known as the Sexually Violent Predator Act (SVPA). In 2011,

the court found the petition supported by probable cause under Welfare and Institutions

Code section 6602, and Holmes was transferred from county jail to a state hospital.

In 2019, Holmes moved to dismiss the petition. The motion raised arguments

similar to those raised in this appeal. Holmes (acting through counsel) asserted that to

proceed with a trial on the petition while he is legally incompetent would violate his right

to due process, in part because negligent mental health treatment he received at the state

hospital caused his incompetency. He also argued his right to equal protection was

violated because the SVPA denied him protections afforded to those committed under the

Mentally Disordered Offender Act (MDOA) (Pen. Code, § 2962 et seq.) or found not

guilty by reason of insanity (Pen. Code, § 1026 et seq.). In 2020, the trial court denied

the motion to dismiss.

2 In October 2023, the trial…