The People v. Whitlock CA4/1

DISCUSSION

I. Equal Protection

reasonable doubt that he or she should be recommitted for another year. (Pen. Code, § 2972.) By order of April 19, 2013, this court took judicial notice of the record in Whitlock's previous appeal (People v. Whitlock (Sept. 23, 2010, D054774) [nonpub. opn.]). The Supreme Court remanded in McKee I for an evidentiary hearing on whether disparate treatment for SVP's is justified. The court transferred "grant and hold" cases under McKee I to the Courts of Appeal with directions to vacate their prior opinions and reconsider in light of McKee I. The order expressed a desire to avoid unnecessary multiplicity of proceedings and directed this court to suspend further proceedings pending finality of the proceedings in McKee I.

3 Whitlock's constitutional argument focuses primarily on whether the amended

SVPA violates equal protection. Whitlock challenges our decision in McKee II, arguing

we misunderstood and misapplied both the standard of review and the strict scrutiny test.

In McKee I, the Supreme Court held the SVPA is subject to equal protection

analysis because it "treats SVP's significantly less favorably than…