In Re Brian J.

People v. Brian J.

Bad Law
150 Cal. App. 4th 97·2007 Cal. App. LEXIS 641·2007 Daily Journal DAR 5736·58 Cal. Rptr. 3d 246·2007 Cal. Daily Op. Serv. 4477
Court of Appeal of CaliforniaApril 24, 2007E038381California14,283 words

Opinion

Opinion

Hollenhorst, J.

I. INTRODUCTION

Defendant Brian J. appeals from the two-year extension of his commitment to the California Youth Authority (CYA) under Welfare and Institutions Code* section 1800 et seq., the juvenile extended detention act (EDA). First, he contends the EDA deprived him of equal protection of the law by treating him differently from similarly situated adult prisoners who are subject to civil commitments under the Sexually Violent Predators Act (SVPA) (§ 6600 et seq.) and the mentally disordered offender (MDO) laws (Pen. Code, § 2960 et seq.). Second, he contends the order extending his commitment is unconstitutional because it is penal in nature, violates substantive due process, and results in cruel and unusual punishment. Third, he contends there is insufficient evidence that his mental disorder causes him serious difficulty in controlling his dangerous behavior or that any risk of reoffense is a result of a mental disorder. Finally, he contends the order must be reversed because of prejudicial misconduct of the prosecutor in argument to the jury. We find that any errors were nonprejudicial, and we affirm.

II. FACTS AND PROCEDURAL BACKGROUND

A. Original…

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