P.

I. INTRODUCTION

In 2009, defendant Herbert Anthony Willmes was committed for an indeterminate term to the State Department of Mental Health (now State Department of State Hospitals; hereafter the Department) after a jury found him to be a sexually violent predator (SVP) within the meaning of the Sexually Violent Predator Act (SVPA; Welf. & Inst. Code, § 6600 et seq.).1 Willmes appealed from the judgment contending, inter alia, that an indeterminate term of commitment violates equal protection. This court reversed the judgment committing Willmes for an indeterminate term and remanded the matter to the trial court for reconsideration of his equal protection argument in light of People v. McKee (2010) 47 Cal.4th 1172 (McKee I), and the resolution of proceedings on remand

1 All further statutory references are to the Welfare and Institutions Code unless otherwise indicated. in that case. (People v. Willmes (Nov. 30, 2010, H034656) [nonpub. opn.] (Willmes).)2 This court also ordered that the trial court suspend further proceedings in Willmes’s case pending finality of the proceedings on remand in McKee I. After further trial court proceedings were held on remand in McKee I, the…