Poe

People v. Poe

Bad Law
74 Cal. App. 4th 826·88 Cal. Rptr. 2d 437
Court of Appeal of CaliforniaAugust 30, 1999A083416California3,320 words

Opinion

Opinion

Stein, J.

The court declared Iran Roger Poe a sexually violent predator (SVP) within the meaning of Welfare and Institutions Code section 6600, after a court trial, and committed appellant to the Department of Mental Health for two years.

His primary contention on appeal is that there was insufficient evidence to support the court’s finding that it was “likely” he would engage in sexually violent criminal conduct if released. (Welf. & Inst. Code, § 6600.) Appellant also raises a series of constitutional challenges to the Sexually Violent Predators Act (SVP Act) that have since been resolved against him, in Hubbart v. Superior Court (1999) 19 Cal.4th 1138 [ 81 Cal.Rptr.2d 492 , 969 P.2d 584 ], Finally, he contends that he is entitled to precommitment custody credits for the time in custody after his expected release date from prison, until the date upon which he was committed as a SVP.

We shall conclude that appellant’s contentions are without merit, and affirm the court’s order.

Analysis

I.

Sufficiency of the Evidence

At trial the People bore the burden of proving beyond a reasonable doubt that: (1) appellant had been convicted of at least two separate sexually violent…

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