People v. Hipp CA5

INTRODUCTION

Appellant Roy Lee Hipp contends the trial court abused its discretion when it admitted evidence of two murders and an attempted murder committed by Hipp in 1977. This evidence was admitted during the civil commitment trial held to determine if Hipp qualified as a sexually violent predator (SVP) pursuant to the Sexually Violent Predators Act (SVPA; Welf. & Inst. Code, § 6600 et seq.).1 We conclude there was no abuse of discretion.

FACTUAL AND PROCEDURAL SUMMARY

On June 11, 2007, a petition to civilly commit Hipp pursuant to the SVPA was filed. The petition alleged Hipp fit within the statutory definition of an SVP. The petition also alleged Hipp had been convicted of the following predicate offenses: one count of forcible rape and one count of oral copulation in 1983 and two counts of sexual penetration with a foreign object and one count of lewd conduct with a child in 1992. The petition also alleged Hipp admitted, in conjunction with the 1992 convictions, that he had been convicted of two prior serious felony offenses. On December 3, 2007, following a hearing, the trial court found probable cause to believe Hipp fell within the statutory definition of an SVP. On…