Fulcher

1. Introduction

Defendant Stanley Elton Fulcher appeals from an order committing him to the state Department of Mental Health for two years as a sexually violent predator (SVP) under Welfare and Institutions Code section 6600 et seq. He contends the trial court erred in finding his 1998 conviction for committing lewd acts upon a child under age 14 (Pen. Code, § 288, subd. (a)) qualified as a “sexually violent offense” within the meaning of the SVP Act. Defendant complains that there was insufficient evidence of force, duress or substantial sexual conduct; the experts’ opinions should have been excluded because they were based on mistaken assumptions that he used force or duress; the court erred in allowing the prosecutor to relitigate the 1998 offense; the trial court erred in admitting inadmissible hearsay evidence of past misconduct and inflammatory photographs; and the trial court erred in failing to give a unanimity instruction. For the reasons stated below, we affirm.

2. Facts and Procedural Background

In 1980, defendant’s wife reported to the San Bernardino County Child Protective Services that defendant had taken nude photographs of their six-year-old daughter.…