Evans

People v. Evans

Good Law
132 Cal. App. 4th 950·2005 Cal. App. LEXIS 1457·2005 Daily Journal DAR 11433·34 Cal. Rptr. 3d 35·2005 Cal. Daily Op. Serv. 8415
Court of Appeal of CaliforniaAugust 19, 2005A105272California2,201 words

Opinion

Opinion

Reardon, J.

A jury found appellant Luther Evans to be a sexually violent predator (SVP). (Welf. & Inst. Code, § 6600.) He was committed to a state hospital for two years. Evans appeals the commitment, contending that (1) the trial court committed instructional error, and (2) his case was not timely prosecuted. We affirm the judgment.

I. FACTS

A. Criminal History

Evans has a long criminal history, dating back more than 30 years. In 1973, he was found loitering inside a woman’s apartment and he battered another woman in that year. In 1975, he committed burglary of a woman’s apartment and in 1976, forcible rape of another woman for which he was convicted. Evans was convicted of assault to commit rape on yet another woman in 1976. In 1980, he again committed and was convicted of forcible rape and was arrested for a second forcible rape. In 1991, he committed assault and sexual battery during an attempted rape. During those years, Evans was in and out of prison. Evans verbally threatened his victims and administered beatings after the sexual assault. He tried to strangle one victim and held a knife to another.

B. Civil Commitment

In January 1998, the San Francisco District Attorney…

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