McKnight

People v. McKnight

Bad Law
151 Cal. Rptr. 3d 132·2012 Cal. App. LEXIS 1325·212 Cal. App. 4th 860·2012 WL 6840517
Court of Appeal of CaliforniaDecember 12, 2012No. A123119California861 words

Opinion

Lead Opinion

Siggins, J.

*862 Opinion

Timothy McKnight challenges his recommitment as a sexually violent predator (SVP) under Welfare and Institutions Code section 6600 et seq. 1 (SVPA, or the Act). He contends the Act denies him equal protection of the law because persons committed under it are treated more harshly than MDO’s (mentally disordered offenders) or persons found not guilty by reason of insanity (NGI’s). The recent case of People v. McKee (2012) 207 Cal.App.4th 1325 [ 144 Cal.Rptr.3d 308 ] (McKee II) is dispositive of McKnight’s claim. We therefore affirm his recommitment.

BACKGROUND

This case was last before us in 2010, when we considered and rejected a number of challenges to a petition to extend McKnight’s commitment under the SVPA. (People v. McKnight (Cal.App.).) However, we remanded the case to the trial court for proceedings on McKnight’s equal protection claim consistent with People v. McKee (2010) 47 Cal.4th 1172 [ 104 Cal.Rptr.3d 427 , 223 P.3d 566 ] (McKee I). On July 28, 2010, the Supreme Court granted the People’s petition for review and transferred this case back to us with directions to vacate our decision and suspend further proceedings pending finality of the proceedings on…

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