APPEAL from a judgment of the Superior Court of San Diego County, Ronald F. Frazier, Judge.
The opinion of the court was delivered by: Mcconnell, P. J.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Reversed and remanded with instructions.
Arnold Cedric Bacon appeals from a judgment involuntarily committing him for an indeterminate term to the custody of the State Department of Mental Health (DMH) after a jury found him to be a sexually violent predator (SVP) within the meaning of the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.)*fn1
Bacon raises two arguments. First, he purports to challenge the jurisdiction of the trial court in a former SVP proceeding in 2003. Second, he argues that the SVPA violates his right to equal protection under the United States Constitution. We reject the first argument, but we find possible merit in the equal protection argument in light of People v. McKee (2010) 47 Cal.4th 1172, 1186 (McKee), and we remand to the trial court for further proceedings.
FACTUAL AND PROCEDURAL BACKGROUND
In 1985, Bacon pled guilty to sex crimes involving two children and was sentenced to six years in prison. Bacon pled guilty to sex crimes involving two additional children in 1997 and was sentenced to 10 years in prison.
In 2003, Bacon was found for the first time to be an SVP, and the court committed him to the custody of the DMH for a period of two years.
The People filed a petition to commit Bacon to the custody of DMH for another two years in 2005. After the passage of Proposition 83, the People filed an amended petition in November 2006 to commit Bacon as an SVP for an indeterminate term.*fn2 In January 2007, the trial court ordered that Bacon's two-year commitment was converted by operation of law to an indeterminate term. That order was reversed on appeal, and the matter was remanded for additional proceedings on the amended petition. In those additional proceedings, a jury found Bacon to be an SVP in August 2009, and the trial court ordered that he be committed to the custody of DMH for an indeterminate term pursuant to sections 6600 through 6604. Bacon appeals from the judgment.