Whaley

I. INTRODUCTION

Defendant George Whaley appeals from an order retroactively committing him to an “indeterminate term of commitment” (Welf. & Inst. Code, § 6604.1, subd. (a)) as a sexually violent predator under the Sexually Violent Predator Act (SVPA) (§ 6600 et seq.). Whaley was first committed to a two-year term on January 28, 1999, and his commitment was extended for additional two-year terms thereafter. In 2007, while a petition to extend Whaley’s most recent term of commitment was pending, the People brought a motion to retroactively convert his first commitment on January 28, 1999, from a two-year term of commitment to an indeterminate term, pursuant to amended section 6604.1, subdivision (a), which provides that an indeterminate term begins on the date the court issues the “initial” order of commitment. The trial court agreed with the People’s interpretation of section 6604.1, subdivision (a), and ordered Whaley committed to an indeterminate term. The trial court imposed the indeterminate term retroactive to the first order committing Whaley in 1999, and without a trial on the pending petition to extend Whaley’s most recent term of commitment.

Whaley contends…