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People v. Gray

California Court of Appeals, Fifth District

August 27, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
LAWRENCE GRAY, Defendant and Appellant.

[CERTIFIED FOR PARTIAL PUBLICATION [*]]

APPEAL from a judgment of the Superior Court of Tulare County No. VCF149623. Edward M. Lacy, Jr., Judge. (Retired Judge of the Stanislaus Sup.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.)

Page 286

COUNSEL

Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant.

Page 287

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans, Louis M. Vasquez, Rebecca L. Whitfield, Leanne Le Mon, and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.

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 In the unpublished portion of this opinion, we conclude appellant is not entitled to reversal based on admission of evidence concerning his HIV and hepatitis C status.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 born 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 August 22, 2011, the trial court found probable cause to believe appellant was an SVP. On September 19, 2012, following a jury trial, appellant was found to be an SVP. That same day, he was committed to the ...


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