Wakefield
People v. Wakefield
Opinion
Lead Opinion
Kremer, J.
Merle G. Wakefield appeals a civil commitment under the Sexually Violent Predators Act (Welf. & Ins. Code, 1 § 6600 et seq.) pursuant to petitions filed in March 1997 and October 1997. He contends the court lacked jurisdiction to order a commitment, because he was not in lawful custody at the time the petitions were filed. He also contends the commitment is invalid because the SVP Act’s requirement for a current diagnosis of a mental disorder was not met. We affirm.
Facts
In 1981 Wakefield pleaded guilty to committing a lewd act with a child (Pen. Code, § 288a) and served a prison term. In 1990 Wakefield pleaded guilty to rape (Pen. Code, § 261) and was sentenced to prison. He was paroled on December 20, 1993, and after having his parole twice revoked, he was again paroled in July 1995.
While on parole, Wakefield was twice arrested in November 1995; one arrest was for domestic violence, the other for vandalism, false identification to a police officer and resisting arrest. In both instances, Wakefield gave a false name when arrested. The first arrest resulted in a criminal prosecution, with Wakefield eventually pleading guilty to battery. Wakefield’s attorney *896 on…