Calhoun

Darrell Calhoun appeals from a judgment committing him to Atascadero State Hospital for two years after a jury found him to be a sexually violent predator (SVP), as defined by Welfare and Institutions Code section 6600 (Sexually Violent Predator Act or SVPA).

In the published portion of this opinion, part I, we shall hold that in a jury trial pursuant to the SVPA, the defendant is entitled to six peremptory challenges, as provided in California Code of Civil Procedure section 231, subdivision (c). We shall further hold that neither state nor federal due process or equal protection principles require that state law provide the defendant in such a proceeding the same number of peremptory challenges as in most criminal cases.

We will address defendant’s remaining contentions in the unpublished portion of this opinion, and shall affirm the judgment.

FACTS

Two experts, Dr. Padilla and Dr. Starr, testified for the prosecution that defendant met the statutory requirements for commitment as a sexually violent predator. Defendant had two qualifying prior convictions for forcible rape, in 1989 and 1993.

In 1989, after Ada R. refused defendant’s request for consensual sex,…