Grassini
People v. Grassini
Opinion
Opinion
Ashmann-Gerst, J.
Randee Grassini appeals from the order committing him to the Department of Mental Health for two years, based upon the determination by a jury that he is a sexually violent predator. (Welf. & Inst. Code, § 6600 et seq.) He contends (1) that the trial court had a sua sponte duty to instruct the jury that, to find he was a sexually violent predator (SVP), it had to determine whether, by reason of a diagnosed mental disorder, he was a danger to the health and safety of others in that he was likely to engage in acts of sexual violence if released from custody in a secure facility; (2) that the trial court’s denial of his request for outpatient commitment without exercising its discretion denied him due process; (3) that the trial court erred in overruling his objection to credibility instructions based on prior felony convictions without exercising its discretion; (4) that the California Sexually Violent Predators Act (SVPA) violates the ex post facto clause of the United States Constitution; (5) that the California SVPA violates the equal protection clause of the United States Constitution; and (6) that the delivery of CALJIC No. 17.41.1 violated his right to a fair trial…