Olsen

People v. Olsen

Good Law
177 Cal. Rptr. 3d 791·2014 Cal. App. LEXIS 832·229 Cal. App. 4th 981
Court of Appeal of CaliforniaSeptember 12, 2014H039814California6,680 words

Opinion

Opinion

Bamattre-Manoukian, J.

I. INTRODUCTION

Defendant William Karl Olsen was committed for an indeterminate term to the State Department of Mental Health (now, State Department of State Hospitals; hereafter the Department) after a jury determined defendant to be a sexually violent predator within the meaning of the Sexually Violent Predator Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.)

Defendant appealed from the judgment, contending that the indeterminate term of commitment violated equal protection, due process, and the ex post facto and double jeopardy clauses. This court reversed the judgment and remanded the matter to the trial court for the limited purpose of reconsidering defendant’s equal protection argument in light of People v. McKee (2010) 47 Cal.4th 1172 [ 104 Cal.Rptr.3d 427 , 223 P.3d 566 ] (McKee I) and the resolution of the proceedings on remand in that case. (People v. Olsen (Sept. 11, 2012, H036654) [nonpub. opn.] (Olsen).)

After remand proceedings were concluded in People v. McKee (2012) 207 Cal.App.4th 1325 [ 144 Cal.Rptr.3d 308 ] (McKee IT), the trial court again ordered defendant committed to the Department for an indeterminate term under the SVPA. Defendant appealed and…

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