People v. Wallace
People v. Wallace
02:10:2006
P. v. Wallace
Filed 2/2/06 P. v. Wallace CA6
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
KENNETH D. WALLACE,
Defendant and Appellant.
H027890
(Santa Clara County
Super. Ct. No. 207454)
Defendant Kenneth D. Wallace, found to be a sexually violent predator (Welf. & Inst. Code, § 6604)[1] based on two 1992 convictions of lewd and lascivious conduct on two children (Pen. Code, § 288, subd. (a)) and a diagnosis of pedophilia, alcoholism, and personality disorder NOS with antisocial traits, appeals the second extension of his involuntary commitment to Atascadero State Hospital (Atascadero). He contends that the trial court violated his due process rights to a fair trial, his Sixth Amendment rights to confrontation and cross-examination of witnesses, and he asserts that the California Sexually Violent Predators Act (SVPA) (§ 6600 et seq.) violates the equal protection and ex post facto clauses of the federal Constitution.
FACTS
In 1997, defendant, a California parolee released in 1994 on his 1992 Penal Code section 288 commitments, was arrested in Colorado for orally copulating a 14-year-old boy, committing lewd acts on him, and sodomizing him. Alcohol was involved. There was no conviction but defendant was returned to California on a parole violation and was sent to Atascadero for treatment. On June 29, 2001, the prosecution filed a petition to extend defendant's Atascadero commitment to February 5, 2003.
In December 2002, the People filed a new petition for a two-year recommitment. Probable cause for a trial was found on March 20, 2003, and a jury trial commenced on August 16, 2004.
Clinical psychologist Jesus Padilla testified that he evaluated defendant several times for Atascadero, and stated he agreed with the prior diagnoses by Atascadero clinicians of â€
02:10:2006
Filed 2/2/06 P. v. Wallace CA6
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
KENNETH D. WALLACE,
Defendant and Appellant.
H027890
(Santa Clara County
Super. Ct. No. 207454)
Defendant Kenneth D. Wallace, found to be a sexually violent predator (Welf. & Inst. Code, § 6604)[1] based on two 1992 convictions of lewd and lascivious conduct on two children (Pen. Code, § 288, subd. (a)) and a diagnosis of pedophilia, alcoholism, and personality disorder NOS with antisocial traits, appeals the second extension of his involuntary commitment to Atascadero State Hospital (Atascadero). He contends that the trial court violated his due process rights to a fair trial, his Sixth Amendment rights to confrontation and cross-examination of witnesses, and he asserts that the California Sexually Violent Predators Act (SVPA) (§ 6600 et seq.) violates the equal protection and ex post facto clauses of the federal Constitution.
FACTS
In 1997, defendant, a California parolee released in 1994 on his 1992 Penal Code section 288 commitments, was arrested in Colorado for orally copulating a 14-year-old boy, committing lewd acts on him, and sodomizing him. Alcohol was involved. There was no conviction but defendant was returned to California on a parole violation and was sent to Atascadero for treatment. On June 29, 2001, the prosecution filed a petition to extend defendant's Atascadero commitment to February 5, 2003.
In December 2002, the People filed a new petition for a two-year recommitment. Probable cause for a trial was found on March 20, 2003, and a jury trial commenced on August 16, 2004.
Clinical psychologist Jesus Padilla testified that he evaluated defendant several times for Atascadero, and stated he agreed with the prior diagnoses by Atascadero clinicians of â€
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