Dacayana

Certified for Partial Publication. [*]

Anthony Francis Dacayana appeals from the trial court's order committing him to Atascadero State Hospital (ASH) as a "sexually violent predator" (SVP) under the Sexually Violent Predators Act (SVP Act). (Welf. & Inst.Code, § 6600 et seq.) [1] The SVP Act permits the involuntary civil commitment of persons incarcerated in state prison who (1) have been convicted of a sexually violent offense against more than one victim; (2) have a diagnosed mental disorder affecting emotional or volitional capacity; and (3) are a danger to others because they are likely to engage in sexually violent behavior as a result of the disorder. (§ 6600, subd. (a).)

Appellant raises constitutional challenges to the SVP Act and complains of several errors specific to his own case. We reject his constitutional claims for the reasons recently stated by our Supreme Court in Hubbart v. Superior Court (1999) 19 Cal.4th 1138 , 81 Cal.Rptr.2d 492 , 969 P.2d 584 . We reject his remaining arguments for the reasons explained below and affirm the order of commitment.

Appellant pled nolo contendere to forcible rape in 1979, after he sexually assaulted a female…