California Court of Appeal

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People v. Castillo, B202289

Jury verdict finding criminal appellant to be a sexually violent predator (SVP) is affirmed as modified where: 1) the appeals court rejects appellant's meritless contentions that (a) the trial court failed to instruct the jury regarding his mental disorder and erroneously admitted evidence concerning treatment programs offered to SVP's; (b) his commitment was illegal for violation of the Administrative Procedure Act (APA), and (c) his trial counsel was ineffective; but 2) a two-year commitment order was invalid because it was made in derogation of the indeterminate commitment period mandated by Proposition 83, also known as Jessica's Law.

Appellate Information

  • Decided 01/30/2009
  • Published 01/30/2009

Judges

  • KRIEGLER, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan Sullivan Pithey and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent., Michael P. Judge, Public Defender, Albert J. Menaster and Jack Weedin, Deputy Public Defenders, as Amicus Curiae on behalf of Defendant and Appellant.
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