Litmon

On March 15, 2007, without trial, the superior court issued a retroactive order of commitment against David Litmon, Jr., under the new provisions of the Sexually Violent Predator Act (SVPA) (Welf. & Inst. Code, § 6600 et seq.). The order committed him to an indeterminate term of commitment as a sexually violent predator (SVP) commencing on May 2, 2000, the date of his original commitment. The previous order of recommitment, which was issued on September 7, 2005, extended his commitment until May 2, 2004 (a date preceding the order of recommitment). As a result of the retroactive commitment order, the trial on the pending consolidated petitions to extend appellant’s SVP commitment for two successive two-year terms (May 2, 2004, to May 2, 2006, and May 2, 2006, to May 2, 2008), which was scheduled for March 19, 2007, did not go forward.

Appellant now argues that the superior court violated his right to due process under the Fourteenth Amendment to the United States Constitution by denying both his motions to dismiss the consolidated petitions on grounds of excessive delay. He also challenges the retroactive commitment order on a variety of grounds, including constitutional…