Torres

Certified for Partial Publication. [*]

SIMS, Acting P.J.

Appellant Guadalupe Torres appeals from an order after jury trial extending his commitment under the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.) [1] He contends: (1) The trial court erred prejudicially by failing to instruct the jury that to find that appellant met the criteria for recommitment, it must find that he was likely to engage in sexually violent predatory criminal behavior; furthermore, trial counsel provided ineffective assistance by failing to request this instruction or to object to the instruction given. (2) The trial court erred prejudicially by failing to inquire into and respond to a jury question during deliberations; furthermore, trial counsel provided ineffective assistance by failing to request on the record that the court do so. (3) The trial court erred prejudicially by refusing the prosecutor's request to instruct the jury on circumstantial evidence with CALJIC No. 2.01 under the SVPA; furthermore, trial counsel provided ineffective assistance by failing to join the prosecutor's request for the instruction. (4) The trial court erred prejudicially by admitting, over…