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P. v. Tabudlo

P. v. Tabudlo
06:19:2006

P. v. Tabudlo


Filed 6/16/06 P. v. Tabudlo 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 PEOPLE,


Plaintiff and Respondent,


v.


FRANK TABUDLO,


Defendant and Appellant.




F047960



(Super. Ct. No. 58337)




OPINION



THE COURT*


APPEAL from a judgment of the Superior Court of Madera County. Edward P. Moffat, Judge.


Susan K. Keiser, 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.



-ooOoo-


In 1991 appellant Frank Tabudlo was sentenced to state prison, following his convictions of violating Penal Code sections 288, subdivision (b)(1) (lewd or lascivious act against a child under the age of 14 by means of, inter alia, force or violence) and 288, subdivision (a) (lewd or lascivious act against a child under the age of 14). He was subsequently found to be a sexually violent predator (SVP) under the Sexually Violent Predators Act (SVPA) (Welf. & Inst. Code, § 6600, et seq.)[1] and committed to the State Department of Mental Health, in the custody of Atascadero State Hospital (ASH). In May 2005, following a court trial, the court again found appellant to be an SVP and recommitted him to the State Department of Mental Health, in the custody of ASH. The instant appeal followed.


On appeal, appellant contends the evidence was insufficient to support the finding that he was an SVP. We will affirm.


DISCUSSION


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Description A decision regarding lewd or lascivious act against a child under the age of 14 by means of force or violence.
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