Whitlock

People v. Whitlock

Good Law

113 Cal. App. 4th 456·2003 Cal. App. LEXIS 1716·2003 Daily Journal DAR 12477·6 Cal. Rptr. 3d 389·2003 Cal. Daily Op. Serv. 9949

Court of Appeal of CaliforniaNovember 19, 2003D041020California2,475 words

Opinion

Huffman, J.

Following a court trial, Anthony Lee Whitlock was adjudged to be a sexually violent predator (SVP) within the meaning of Welfare and Institutions Code sections 6600 et seq. , the Sexually Violent Predators Act (SVPA). The trial court ordered Whitlock committed to the custody of the Department of Mental Health for a period of two years.

Whitlock appeals, contending he is not an SVP because he did not have the requisite qualifying prior convictions.

We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On May 16, 2001, the District Attorney of San Diego County filed a petition to have Whitlock committed to the Department of Mental Health for a two-year period under the SVPA because he had been convicted of a sexually violent offense against two victims, and, as a result of a mental disorder, it was likely he would again engage in sexually violent criminal behavior, thereby making him a danger to the health and safety of others.

The petition alleged that on April 27, 1989, Whitlock had pled guilty to committing a lewd and lascivious act upon a child under the age of 14 (Pen. Code, § 288, subd. (a)) and was sentenced to prison for six years. According to the probation report for…

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