Gray

People v. Gray

Good Law
176 Cal. Rptr. 3d 837·2014 Cal. App. LEXIS 781·229 Cal. App. 4th 285
Court of Appeal of CaliforniaAugust 27, 2014No. F065957California2,394 words

Opinion

Lead Opinion

Detjen, J.

INTRODUCTION

Appellant Lawrence Gray challenges his commitment as a sexually violent predator (SVP). In the published portion of this opinion, we hold that the version of the Sexually Violent Predators Act (SVPA; Welf. & Inst. Code, § 6600 et seq.) under which appellant was committed is constitutional. 1 We decline to address changes to the SVPA that did not go into effect until after the date of appellant’s commitment. In the unpublished portion of this opinion, we conclude appellant is not entitled to reversal based on admission of evidence concerning his HIV and hepatitis C status. We affirm the judgment.

PROCEDURAL HISTORY

Appellant was bom in 1966. On August 26, 2005, he pled guilty to assault with intent to commit oral copulation, in the commission of which he used a knife (Pen. Code, §§ 220, 12022, subd. (b)(1)), and assault with a deadly weapon and by means of force likely to produce great bodily injury (id., § 245, subd. (a)(1)), and admitted having served a prior prison term (id., § 667.5, subd. (b)). He was sentenced to five years in prison.

On August 23, 2010, the Tulare County District Attorney filed a petition to commit appellant under the SVPA. On…

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