Hubbart

Defendant Christopher Evans Hubbart appeals after a jury found him 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 ordered him committed to Atascadero State Hospital (ASH) for a two-year period.

On appeal, defendant contends: (1) the SVPA violates the state and federal constitutional guarantees of equal protection; (2) the SVPA violates the federal constitutional prohibitions against ex post facto laws and double jeopardy, and it violates the federal constitutional guarantee of due process; (3) defendant’s commitment is invalid because he was not in legal custody at the time the petition for commitment was filed; (4) the trial court erred by instructing the jury on the standard of proof pursuant to CALJIC No. 4.19; (5) the trial court erred by admitting detailed evidence of 16 of defendant’s sexual assaults; (6) the cumulative impact of the trial errors warrants reversal.

We will affirm the judgment.

I. Background

We have previously summarized the SVPA in several cases, most recently in Butler v. Superior Court (2000) 78 Cal.App.4th 1171, 1174-1177 [ 93…