People v. Sims CA5

Filed 7/25/14 P. v. Sims CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F066691 Plaintiff and Respondent, (Super. Ct. No. 07CRSP678513) v.

RANDY SIMS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Edward Sarkisian, Jr., Judge. Robert Navarro, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Leanne Le Mon, and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Kane, J. and Franson, J.

INTRODUCTION In People v. Sims (July 26, 2010, F057352) (nonpub. opn.), this court affirmed the order for commitment finding appellant Randy Sims to be a sexually violent predator (SVP) pursuant to the Sexually Violent Predators Act (SVPA; Welf. & Inst. Code, § 6600 et seq.); however, we remanded the case to the trial court for consideration of Sims’s argument that an indefinite commitment violates equal protection. Subsequently, the trial court ordered Sims committed for an indefinite term as an SVP. Sims appeals the indefinite commitment, contending it violates equal protection. We will affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY On October 1, 2013, this court took judicial notice of its opinion filed in case No. F057352, supra. A brief summary of facts and procedural history is taken from that opinion. Sims pled guilty to violating Penal Code section 288, subdivision (a), and was incarcerated at Wasco State Prison. While incarcerated, a petition to civilly commit him as an SVP was filed. On March 16, 2009, a jury found Sims to be an SVP. The trial court ordered him civilly committed under the SVPA for an indefinite term. Sims appealed his commitment on numerous grounds, including that an indefinite commitment term violated equal protection. We affirmed the order committing Sims as an SVP, except as to the indefinite term. This court directed further proceedings be suspended pending finality of the proceedings on remand in the case of People v. McKee (2010) 47 Cal.4th 1172, 1208-1210 (McKee I). On July 24, 2012, the Fourth District Court of Appeal, Division One, issued its decision on remand in People v. McKee (2012) 207 Cal.App.4th 1325 (McKee II), and the California Supreme Court denied review on October 10, 2012 (S204503).