People v. Curlee CA1/4

The Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq.; SVPA or the Act) provides for involuntary civil commitment of certain offenders who are found to be sexually violent predators (SVP’s) after completing their prison terms. (People v. McKee (2010) 47 Cal.4th 1172, 1186-1187 [ 104 Cal.Rptr.3d 427 , 223 P.3d 566 ] (McKee I).) To establish that a person is an SVP, the People must prove beyond a reasonable doubt that the offender has been convicted of a qualifying sexually violent offense against one or more victims and that the offender has a diagnosed mental disorder that makes it likely the person would engage in sexually violent conduct if released. (§§ 6600, subd. (a)(1), 6604.)

Defendant Joel Curlee appeals an order committing him as an SVP. He contends recent amendments to the SVPA render his commitment unconstitutional and the trial court abused its discretion in denying his request for a continuance of his trial. In the unpublished portion of this opinion, we reject these contentions. Curlee also contends he was deprived of his right to equal protection when he was compelled to testify during the People’s case-in-chief. Curlee argues that because…