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The People v. Timothy Seeboth

August 30, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
TIMOTHY SEEBOTH, DEFENDANT AND APPELLANT.



(Super. Ct. No. CR66404)

The opinion of the court was delivered by: Mauro , J.

P. v. Seeboth

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Timothy Seeboth was initially committed as a sexually violent predator (SVP) in September 1997. Following a jury trial in 2010, the trial court ordered his indeterminate commitment to the Department of Mental Health.

On appeal, Seeboth challenges the trial court's denial of his request for additional peremptory challenges. He also asserts challenges to the amended SVP law that are foreclosed by People v. McKee (2010) 47 Cal.4th 1172 (McKee). We reject those contentions. But in accordance with McKee, we will reverse the judgment and remand this case for further proceedings on Seeboth's equal protection claim. We will direct the trial court to suspend further proceedings in this case pending finality of the proceedings in McKee.

BACKGROUND

In light of Seeboth's contentions on appeal, it is not necessary for us to set forth the evidence at trial.

The People originally petitioned to have Seeboth declared an SVP in September 1996 based on his four convictions for child molestation in 1983 and a parole violation in 1995 involving possession of child pornography. This resulted in his original commitment from September 1997 to September 1999, and recommitments from September 1999 to 2005.

The record does not clearly indicate how the case proceeded after 2005, but a petition for an indeterminate commitment (pursuant to the present provisions of the SVP law) ultimately came to trial in September 2010, at which time the jury sustained the allegations.

The trial court ordered Seeboth's indeterminate commitment to the Department of Mental Health, and Seeboth filed a timely notice of appeal.

DISCUSSION

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