PEOPLE v. FRANKLIN

No. F039208.

129 Cal.Rptr.2d 518 (2003)

105 Cal.App.4th 532

The PEOPLE, Plaintiff and Respondent, v. Edwin FRANKLIN, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Review Denied April 9, 2003.


Attorney(s) appearing for the Case

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

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Louis M. Vasquez and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent.


opinion

CORNELL, J.

Appellant Edwin Franklin appeals his commitment as a sexually violent predator (SVP) on the basis that his 1978 conviction for rape fails to qualify as a conviction for a sexually violent offense under Welfare and Institutions Code 1 section 6600, subdivisions (a)(2) or (g). We conclude that Franklin's 1978 rape conviction falls within the purview of section 6600, subdivision (a)(2)(D) and will affirm.

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