Chambless

David Mark Chambless appeals from a judgment ordering his two-year commitment to the custody of the State Department of Mental Health (DMH) following a jury finding that he is a sexually violent predator (SVP) within the meaning of the Sexually Violent Predators Act (the Act) (Welf. & Inst. Code, § 6600 et seq.). He contends the evidence is insufficient to establish he had previously committed a sexually violent offense against one of the victims, which is a prerequisite to application of the Act. Chambless also, claims the doctrines of equitable and judicial estoppel preclude a finding his prior convictions for Penal Code section 288, subdivision (a) as to both victims were committed by force or duress or constituted substantial sexual conduct, and that the trial court erred in refusing to admit evidence in his defense.

In the published portion of this opinion, we shall determine that there was sufficient evidence Chambless is an SVP because any touching of the genitals is sufficient to meet the required statutory definition under the Act of “substantial sexual conduct” by means of “masturbation of either the victim or the offender.” (§ 6600.1.) In the unpublished…