P. v. Martinez
Defendant Richard Michael Martinez appeals from an order retroactively committing him to an indeterminate term of commitment (Welf. & Inst. Code, 6601.4, subd. (a))[1] as a sexually violent predator under the Sexually Violent Predator Act (SVPA) ( 6600 et seq.). Defendant was first committed to a two-year term on February 24, 2000, and his commitment was extended for additional two-year terms thereafter. In 2007, while a petition to extend defendants most recent term of commitment was pending, the People brought a motion to retroactively convert his first commitment on February 24, 2000, from a two-year term of commitment to an indeterminate term. This petition was brought pursuant to amended section 6604.1, subdivision (a), which provides that an indeterminate term begins on the date the court issues the initial order of commitment. The trial court granted the petition, and imposed the indeterminate term retroactive to February 24, 2000, without a trial on the pending petition to extend his most recent term of commitment. The order committing defendant for an indeterminate term is reversed.
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