California Court of Appeal
People v. McCloud, A132798
Defendant's commitment as a Sexually Violent Predator is affirmed, where: 1) the Sexually Violent Predator Act's provisions for indeterminate commitments and burden of proof do not violate a committee's right to equal protection; 2) substantial evidence supported the jury's determination that defendant is an SVP; but 3) defendant's argument that the SVPA's provision allowing dismissal of a frivolous petition for release without a hearing violates his right to equal protection is not meritless on its face, and that issue is remanded to the trial court for further proceedings.
Appellate Information
- Decided 02/14/2013
- Published 02/14/2013
Judges
- LAMBDEN,
Court
- California Court of Appeal