The People v. Green CA1/4

I.

INTRODUCTION

Glen Foster Green (appellant) appeals from a judgment, following a jury trial, committing him to the State Department of Mental Health (DMH) for an indeterminate period as a sexually violent predator (SVP) under the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.)1 He contends the judgment must be reversed for a variety of reasons, including (1) the evidence was insufficient to support a current diagnosis of pedophilia; (2) the court erred in refusing to give an instruction

1 Unless otherwise indicated, all subsequent code references are to the Welfare and Institutions Code. The SVPA provides for the involuntary civil commitment, for treatment and confinement, of an individual who is found, by a unanimous jury verdict (§ 6603, subds. (e), (f)), and beyond a reasonable doubt (§ 6604), to be a “sexually violent predator” (ibid.). The term “ „[s]exually violent predator‟ means a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent…