People v. Sims CA5

INTRODUCTION

In People v. Sims (July 26, 2010, F057352) (nonpub. opn.), this court affirmed the order for commitment finding appellant Randy Sims to be a sexually violent predator (SVP) pursuant to the Sexually Violent Predators Act (SVPA; Welf. & Inst. Code, § 6600 et seq.); however, we remanded the case to the trial court for consideration of Sims’s argument that an indefinite commitment violates equal protection. Subsequently, the trial court ordered Sims committed for an indefinite term as an SVP. Sims appeals the indefinite commitment, contending it violates equal protection. We will affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

On October 1, 2013, this court took judicial notice of its opinion filed in case No. F057352, supra. A brief summary of facts and procedural history is taken from that opinion. Sims pled guilty to violating Penal Code section 288, subdivision (a), and was incarcerated at Wasco State Prison. While incarcerated, a petition to civilly commit him as an SVP was filed. On March 16, 2009, a jury found Sims to be an SVP. The trial court ordered him civilly committed under the SVPA for an indefinite term. Sims appealed his commitment on numerous…