People v. Raya CA5

INTRODUCTION

Appellant Gregorio Alonzo Raya contends he was denied due process because on remand the trial court denied his equal protection argument based upon the holding of People v. McKee (2012) 207 Cal.App.4th 1325 (McKee II) without holding an evidentiary hearing. We affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

Raya was committed to the State Department of Mental Health (now designated as the State Department of State Hospitals; hereafter DSH) on April 24, 2009, following a jury finding that he qualified as a sexually violent predator (SVP) within the meaning of the Sexually Violent Predators Act (SVPA; Welf. & Inst. Code, § 6600 et seq.).1 Raya appealed the commitment order and in an unpublished decision (People v. Raya (July 7, 2010, F057532) [nonpub. opn.] (Raya)) this court stated in its disposition:

“The order for commitment finding Raya to be an SVP within the meaning of section 6600 et seq. and committing him to the custody of the [DSH] is affirmed, except as to the commitment for an indeterminate term, which is reversed. The matter is remanded to the trial court for reconsideration of whether an indefinite commitment violates equal protection. The trial…