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PEOPLE v. YARTZ

No. S117964.

36 Cal.Rptr.3d 328 (2005)

37 Cal.4th 529

123 P.3d 604

The PEOPLE, Plaintiff and Respondent, v. Norman YARTZ, Defendant and Appellant.

Supreme Court of California.

As Modified December 5, 2005.

Attorney(s) appearing for the Case

Linn Davis, Norco, under appointment by the Supreme Court, and Cynthia A. Thomas, Sacramento, for Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Janet E. Neeley and Paul A. Bernardino, Deputy Attorneys General, Sacramento, for Plaintiff and Respondent.

CHIN, J.

We must decide whether a 1978 conviction based on a nolo contendere, or no contest, plea may serve as a predicate prior conviction in a civil commitment proceeding under the Sexually Violent Predators Act (SVPA or Act). (Welf. & Inst.Code,1 §§ 6600 et seq.) Before its 1982 amendment, Penal Code section 1016, former subdivision (3), provided that a defendant's nolo contendere plea "may not be used against the defendant...

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