Turner

James William Turner appeals from a judgment after his second trial ordering his two-year commitment to the custody of the State Department of Mental Health (DMH) following a jury finding he is a sexually violent predator (SVP) within the meaning of the Sexually Violent Predators Act (the Act) (Welf. & Inst. Code, § 6600 et seq.). Turner contends the jury’s determination should be set aside because the trial court should have granted his in limine motion to dismiss, there was insufficient evidence to show he suffers from emotional or volitional impairment, the court erred in admitting hearsay evidence of alleged “bad acts” other than that of the predicate offenses, the court erred in refusing to allow his daughter to testify, and the version of CALJIC No. 4.19 given the jury impermissibly reduced the People’s burden of proof.

In the published portion of this opinion, we shall determine that the trial court correctly denied a motion to dismiss the petition to declare Turner an SVP under the Act after a mistrial was declared following the first trial on the petition which resulted in a deadlocked jury. In the unpublished portions, we reject Turner’s remaining contentions…