The People v. Segura CA6

BACKGROUND

In October 1977, defendant1 was convicted by plea on two counts of lewd and lascivious conduct upon a child, arising from incidents involving a nine-year old victim and an 11-year old victim. Both offenses were alleged to have occurred about two months after defendant’s 18th birthday. By an order dated April 19, 1978, the court found him to be a Mentally Disorder Sex Offender (MDSO) under former sections 6300 et sequitur of the Welfare and Institutions Code, and committed him to a state hospital under those provisions. In August 1997, defendant was convicted by a jury on four counts of lewd and lascivious conduct upon a single victim over a two-year period commencing when the victim was 13 years old. Defendant was sentenced to state prison for 17 years. He was due to complete his prison term on June 18, 2005. In anticipation of that event, the district attorney filed a petition to commit defendant under the Sexually Violent Predator Act, Welfare and Institutions Code sections 6600 et sequitur.2 After a jury trial in June 2006, the court entered a two-year commitment order, which this court reversed in June 2008 on grounds of the erroneous exclusion of evidence. (People…