P. v. Abramson

Filed 3/24/06 P. v. Abramson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Kern County. Richard J. Oberholzer, Judge.

Larry L. Dixon, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Brian Alvarez and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION

Appellant Robert Abramson contends his 1994 conviction for oral copulation with a person under the age of 18 years does not constitute a qualifying prior offense under the Sexually Violent Predators Act (SVPA), Welfare and Institutions Code section 6600 et seq.;^[1] therefore, the order committing him as a sexually violent predator must be reversed.

We address this issue for the second time, once again concluding Abramson has two prior qualifying convictions under the SVPA. We will affirm the judgment.

STATEMENT OF THE CASE AND FACTS

In 1977 Abramson was convicted of engaging in lewd and lascivious conduct with a child under the age of 14 years (Pen. Code, § 288), and in 1994 he pled guilty to unlawfully copulating a person under the age of 18 years (Pen. Code, § 288a, subd. (b)(1)). While in prison for a parole violation, the first petition to have him declared a sexually violent predator was filed. After a jury trial, Abramson was found to be a sexually violent predator, with the two qualifying priors being the 1977 and 1994 convictions.

Abramson appealed, contending his 1994 conviction did not constitute a qualifying offense. In our nonpublished opinion (People v. Abramson (Feb. 7, 2000, F031119)), we concluded that a prior conviction for a violation of any subdivision of Penal Code section 288a may constitute a sexually violent offense, if the crime was committed through force or fear. We also concluded that Abramson's violation of Penal Code section 288a was accomplished through the use of force or fear.

Abramson is now appealing from a subsequent petition, contending the evidence submitted at trial was insufficient to establish that his violation of Penal Code section 288a, subdivision (b)(1) was accomplished through force or fear.

DISCUSSION

In assessing the sufficiency of the evidence, we review the evidence in the light most favorable to the judgment to determine whether substantial evidence supports the commitment order. (People v. Mercer (1999) 70 Cal.App.4th 463, 466.)

Section 6600, subdivision (a)(3) specifically provides that the â€