California Court of Appeal

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People v. Johndrow, C055620

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.

Appellate Information

  • Decided 07/01/2009
  • Published 07/01/2009

Judges

  • RAYE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Michael B. McPartland, under appointment by the Court of Appeal, Indian Wells, for Defendant and Appellant., 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 Plaintiff and Respondent.
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