In re DAVID WOODROW SMITH
Filed 7/10/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| In re DAVID WOODROW SMITH, on Habeas Corpus. | B184548 (Los Angeles County Super. Ct. Nos. ZM007064, NA052811) |
PETITION for writ of habeas corpus. Writ denied.
David Woodrow Smith, in pro. per.; and J. Courtney Shevelson, under appointment by the Court of Appeal, for Petitioner.
Steve Cooley, District Attorney, Brentford J. Ferreira, Phyllis C. Asayama and Rebecca Marie Madrid, Deputy District Attorneys, for Respondent.
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Petitioner David Woodrow Smith challenges his confinement as a sexually violent predator (SVP) on the ground that the conviction that brought him into the SVP evaluation and commitment system was invalidated after the SVP commitment petition was filed. We deny the petition.
FACTUAL AND PROCEDURAL BACKGROUND
In 1982, Smith was convicted of four counts of oral copulation on a child under the age of 16 (Pen. Code, § 288a, subd. (b)(2)) and one count of sodomy of a child under the age of 16 (Pen. Code, § 286, subd. (b)(2)). In 1988, Smith was convicted of 15 counts of committing lewd and lascivious acts on a child under the age of 14 (Pen. Code, § 288, subd. (a).) Smith was released on parole in July 1995 and completed parole in July 1998.
Because of his prior offenses, Smith was obligated to register as a sex offender. (People v. Smith (2004) 32 Cal.4th 792, 795 (Smith).) In April 1999 Smith moved to Colorado from California; then, nine days later, he moved to New York. (Ibid.) He claimed that he sent a change of address card for his Colorado address to the Long Beach Police Department on April 12, 1999, but the officer responsible for sex offender registration testified that he did not receive any such card. (Ibid.) When Smith did not appear in September 1999 to complete his annual registration, the Long Beach police began searching for him. (Ibid.) Smith was arrested in New York. (Ibid.)
Convicted of failing to register as a sex offender (Pen. Code, § 290, subd. (g)), Smith was sentenced to five years in state prison on October 26, 2000. (Smith, supra, 32 Cal.4th at pp. 796-797.) The Court of Appeal affirmed his conviction on June 18, 2002. Smith petitioned for review of his conviction in the California Supreme Court, which granted review on September 18, 2002.
Smith asserts that he was scheduled for release on parole on January 6, 2004. While incarcerated, he was referred by the Department of Corrections and the Board of Prison Terms to the Department of Mental Health for evaluation as a potential SVP. On December 15, 2003, the District Attorney filed a petition for Smith's commitment as a SVP pursuant to Welfare and Institutions Code section 6600 et seq. (the â€
