Buffington
People v. Buffington
Opinion
Opinion
Davis, J.
After serving a prison term for nine forcible rape convictions, appellant Larry Buffington received a two-year civil commitment under the Sexually Violent Predators Act (the SVPA). (Welf. & Inst. Code, § 6600 et seq.; all references to statutory sections are to the Welfare and Institutions Code unless otherwise stated.)
On appeal, Buffington challenges the constitutionality of the SVPA on ex post facto, double jeopardy, due process, and equal protection grounds. Almost all of Buffington’s challenges were resolved against him in a recent decision from our state Supreme Court, Hubbart v. Superior Court (1999) 19 Cal.4th 1138 [ 81 Cal.Rptr.2d 492 , 969 P.2d 584 ].
Buffington does raise, however, one issue involving due process and three issues regarding equal protection that Hubbart did not consider.
His unresolved due process claim is that the SVPA’s reasonable doubt standard of proof has been unconstitutionally “diluted” to a preponderance of the evidence standard of proof because the trier of fact need determine only whether it is “likely” that the alleged sexually violent predator “will engage in sexually violent criminal behavior.”