People v. SALOMON MUNOZ

Good Law
129 Cal. App. 4th 421·2005 Cal. App. LEXIS 766·2005 Daily Journal DAR 5580·28 Cal. Rptr. 3d 295·2005 Cal. Daily Op. Serv. 4093
Court of Appeal of CaliforniaMay 13, 2005D042016California3,740 words

Opinion

Opinion

Benke, J.

David Salomon Munoz was committed to the Department of Mental Health as a sexually violent predator (SVP) pursuant to Welfare and Institutions Code section 6600 et seq. He appeals, arguing the trial court erred in admitting evidence concerning his prior SVP commitments.

FACTS

A. Petitioner’s Case

The District Attorney of San Diego County (petitioner) filed a petition seeking the continued involuntary treatment of appellant as an SVP. The petition noted appellant’s conviction for qualifying offenses, his two prior commitments as an SVP and asked that his commitment be extended.

In June 1988 a 12-year-old female child was in a sleeping bag at appellant’s parent’s home. Appellant kissed her, touched her breasts and rubbed her genital area.

In September 1988 appellant entered an apartment where a 17-year-old female child was sleeping with her three sisters. He stroked the young woman’s hair and face. When she and her sisters were awakened and saw appellant, they screamed. He left.

In June 1992 appellant entered a home, picked up a two-year-old female child from a couch, licked her vagina, unsuccessfully attempted to put his penis in her vagina and then placed his penis…

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