P. v. Garcia CA2/1
In 1994, appellant Serafin Garcia was convicted of two counts of lewd acts on a child, in violation of Penal Code section 288, subdivision (a), along with two counts of first degree burglary, in violation of Penal Code section 459. Prior to his scheduled release from prison in 2004, the People filed a petition to commit Garcia as a sexually violent predator within the meaning of the Sexually Violent Predator Act. (Welf. & Inst. Code, § 6600 et. seq. (SVPA or Act).) The People alleged that Garcia had been convicted of multiple sexually violent offenses, as that term is defined under the SVPA. (See § 6600, subd. (a)(2).) In addition to his convictions for lewd acts on a child, the People alleged that Garcia had been convicted in 1984 of one count of forcible rape, in violation of then-Penal Code section 261, subdivision (2). After many years of delay, the case went to trial in 2015. The jury found the petition true, and the trial court ordered Garcia committed indefinitely to
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