People v. Andrade CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural history In August 2003, Andrade pleaded guilty to one count of sexual penetration with a foreign object by means of force, violence, duress, menace, or fear (Pen. Code, § 289, subd. (a)(1); count 2) and no contest to two counts of first degree burglary (Pen. Code, § 459; counts 1, 4). Andrade also admitted the allegation that he committed count 1 while he was on bail (Pen. Code, § 12022.1). In October 2003, the trial court sentenced Andrade to 16 years in prison. On October 28, 2016, the district attorney filed a petition seeking to have Andrade committed as a sexually violent predator under section 6600 et seq. On December 17, 2020, a jury found that Andrade met the criteria of a sexually violent predator as defined in section 6600, subdivision (a), and the court ordered Andrade committed to the California Department of State Hospitals (DSH) for an indeterminate term. Andrade timely appealed. B. Facts 1. The prosecution case a. The sexual offenses i. November 14, 2002 incident On November 14, 2002, Salinas Police Officer Cesar Trujillo responded to a report of a sexual assault. Trujillo spoke with the victim, 15-year-old…