People v. Seeboth CA3

Filed 5/9/14 P. v. Seeboth CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C072990

Plaintiff and Respondent, (Super. Ct. No. CR66404)

v.

TIMOTHY SEEBOTH,

Defendant and Appellant.

Defendant Timothy Seeboth appeals from an order of the Sacramento County Superior Court, made after judgment, determining he was not entitled to a hearing on whether his indeterminate commitment as a sexually violent predator violated his equal protection rights because that issue had been decided adversely to him by People v. McKee (2012) 207 Cal.App.4th 1325 (McKee II). We agree defendant is not entitled to such a hearing and affirm the order.

1

BACKGROUND1

Defendant was initially committed as a…