Carlin

On February 16, 20Ó5, a jury found appellant Anthony Wayne Carlin to be a sexually violent predator (SVP) within the meaning of the Sexually Violent Predators Act (SVPA) (Welf. & Inst. Code, § 6600 et seq.). The' trial court committed appellant to the custody of the State Department of Mental Health for two years pursuant to the SVPA, section 6604. Appellant appeals from the court’s order of commitment. He claims multiple violations of his due process rights, and challenges the sufficiency of the evidence, the adequacy of the jury instructions, the court’s refusal to bifurcate the trial, and the constitutionality of the SVPA. We find a violation of due process arising from the People’s ■ reliance on hearsay evidence to prove predicate sexually -violent offenses. We therefore reverse the order.

I. Background

At the time of appellant’s trial, to establish appellant as a sexually violent predator, the People were required to prove that appelláñt (1) had been convicted of sexually violent offenses against two or more victims; and (2) had a diagnosable mental disorder that made it likely he would engage in sexually violent conduct. (Former § 6600, subd. (a)(1), as amended by…