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People v. Allen (2008) , Cal.4th
[No. S148949. Jul. 28, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. TONY LEE ALLEN, Defendant and Appellant.
(Superior Court of San Bernardino County, No. FSB-47031, Kenneth G. Ziebarth, Judge. fn. * )
(The Court of Appeal, Fourth Dist., Div. Two, No. E039518, 144 Cal.App.4th 1132.)
(Opinion by George, C. J., expressing the unanimous view of the court.)
OPINION
GEORGE, C. J.-
Defendant Tony Lee Allen committed two forcible rapes in 1990. (Pen. Code, § 261, subd. (a)(2).) He pleaded guilty to those offenses and was sentenced to 20 years in state prison. Upon his release from prison in 2001, he was committed to Atascadero State Hospital (Atascadero) under the Sexually Violent Predator Act. (Welf. & Inst. Code, § 6600 et seq. (SVPA or Act). fn. 1 ) This case arises from a proceeding to extend defendant's commitment as a sexually violent predator. At the trial by jury in the underlying proceeding, defendant personally asserted a right and a desire to testify, but his counsel advised the court that for tactical reasons counsel was opposed to defendant's testifying. After informing defendant that counsel controlled this decision, the court agreed it would not be in {Slip Opn. Page 2} defendant's interest to testify. For this reason, defendant did not testify. After the jury reached a verdict, the court extended his commitment.
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