Carroll

People v. Carroll

Good Law
158 Cal. App. 4th 503·2007 Cal. App. LEXIS 2089·69 Cal. Rptr. 3d 816
Court of Appeal of CaliforniaDecember 27, 2007No. F051709California4,068 words

Opinion

lead Opinion

Ardaiz, J.

Ronald James Carroll appeals from an order extending his commitment to the State Department of Mental Health (DMH) as a sexually violent predator (SVP), pursuant to the Sexually Violent Predators Act (SVPA; Welf. & Inst. Code, § 6600 et seq.). 1 In this opinion, we address his claim that sections 6604 and 6604.1, as amended effective September 20, 2006, to provide for an indeterminate term of commitment as opposed to the two-year extensions to which Carroll previously was subject, could not properly be applied to him; hence, his recommitment must be reduced to a two-year term. For the reasons that follow, we conclude Carroll was properly committed for an indeterminate term and, accordingly, we affirm.

*507 PROCEDURAL HISTORY

Carroll was convicted of rape in 1970 and forcible oral copulation in 1978. He was first committed to the DMH as an SVP in May 2000. Two-year extensions followed, and the instant petition to extend his commitment was filed on March 20, 2006. In pertinent part, the petition alleged that Carroll continued to be an SVP, and so his commitment should be extended for two years pursuant to section 6604.

At the time the present petition was filed, former…

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