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Trial court order committing defendant to the Department of Mental Health (DMH) for an indeterminate term following a jury's finding that he is a sexually violent predator is affirmed where: 1) the commitment to the DMH for an indeterminate term of custody does not violate defendant's due process rights as sexually violent predators are afforded a full panoply of due process protections under sections 6605 and 6608 before being committed; and 2) the commitment for an indeterminate term does not violate his equal protection rights as defendant has neither shown nor attempted to show that sexually violent predators are similarly situated with mentally disordered offenders and persons committed because they were found not guilty by reason of insanity.
APPEAL from a judgment (order of commitment) of the Superior Court of Shasta County, Steven E. Jahr, Judge. Affirmed.
THIRD APPELLATE DISTRICT
Filed: July 1, 2009
Before RAYE, J., SIMS, Acting P.J., HULL, J.
Opinion by RAYE, J.
For Plaintiff: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Stephen G. Herndon, Supervising Deputy Attorney General, and Jeanne R. Wolfe, Deputy Attorney General.
For Defendant: Michael B. McPartland, under appointment by the Court of Appeal.