Leonard

Defendant Harvey Mack Leonard appeals from an order committing him to Atascadero State Hospital after a jury found true the allegation he is a sexually violent predator within the meaning of Welfare and Institutions Code sections 6600-6609.3, the Sexually Violent Predators Act (the SVPA).

Defendant raises a broad constitutional challenge to the SVPA, claiming it violates" guarantees of due process, equal protection, fair trial, right to counsel, the privilege not to testify against himself, and protections against double jeopardy and ex post facto laws. Most of defendant’s constitutional arguments were rejected by the California Supreme Court in Hubbart v. Superior Court (1999) 19 Cal.4th 1138 [ 81 Cal.Rptr.2d 492 , 969 P.2d 584 ] (hereafter Hubbart), and by this court in People v. Buffington (1999) 74 Cal.App.4th 1149 [ 88 Cal.Rptr.2d 696 ]. One claim of instructional error calls into question the 1977 qualifying conviction. We affirm the commitment order.

Factual and Procedural Background

In March 1997, the Placer County District Attorney filed a petition for defendant’s involuntary treatment as a sexually violent predator (SVP). The petition alleged defendant had…