People v. Johnson

Filed 4/7/15 (unmodified opn. attached)

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

PEOPLE OF THE STATE OF

CALIFORNIA,

Plaintiff and Respondent, A136573

v. (San Mateo County LAMAR JOHNSON, Super. Ct. No. CIV-506664) Defendant and Appellant.

In re LAMAR JOHNSON, A140310, A143775 on Habeas Corpus. ORDER MODIFYING OPINION

AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the written opinion filed on March 13, 2015, is modified by deleting section II.A.5. and replacing it with the following:

5. Johnson’s ex post facto, double jeopardy, and due process challenges are barred by our state Supreme Court precedent. Johnson asserts that the SVPA is punitive in intent and effect and thus runs afoul of the ex post facto and double jeopardy clauses of the United States Constitution. He also argues the statute violates SVPs’ due process rights by impermissibly shifting the burden to them…