Vasquez

Defendant Eddie Vasquez was civilly committed to the custody of the California Department of Mental Health under the Sexually Violent Predators Act (SVPA) (Welf. & Inst. Code, § 6600 et seq.). One of the criminal convictions qualifying defendant as a sexually violent predator (id.., § 6600, subd. (a)) was a Texas conviction for child sexual abuse that had been vacated, and charges dismissed, under a Texas probation statute similar to California Penal Code section 1203.4. The Court of Appeal held the vacated conviction could not be relied upon in an SVPA proceeding. We conclude the Court of Appeal erred in this regard.

Background

The Los Angeles County District Attorney petitioned for defendant’s commitment under the SVPA, alleging, inter alia, that defendant had been convicted in 1980 of violating Texas Penal Code former section 21.10, sexual abuse of a child. The prosecutor alleged that the Texas case, together with a 1983 conviction for violation of California Penal Code section 288, subdivision (a), demonstrated convictions for sexually violent offenses within the meaning of Welfare and Institutions Code section 6600, a finding required for defendant to be found a…