Franklin

Appellant Edwin Franklin appeals his commitment as a sexually violent predator (SVP) on the basis that his 1978 conviction for rape fails to qualify as a conviction for a sexually violent offense under Welfare and Institutions Code section 6600, subdivisions (a)(2) or (g). We conclude that Franklin’s 1978 rape conviction falls within the purview of section 6600, subdivision (a)(2)(D) and will affirm.

Procedural and Factual Summary

Franklin was bom on June 26, 1960. On September 22, 1977, he was arrested on charges of rape, oral copulation, kidnapping, and robbery.

As Franklin was 17 years old at the time he committed these offenses, a petition pursuant to section 602 was filed in juvenile court. On October 27, 1977, however, he was found unfit to be tried as a juvenile and thereafter, on December 21, 1977, an information was filed charging him as an adult.

On January 16, 1978, Franklin entered a plea of no contest to the rape, kidnapping, and robbery charges. Prior to accepting the plea, the trial court informed Franklin that the “crime of rape consists of having sexual intercourse with a female who was not then your wife by force and fear, and overcoming her…