McKee

People v. McKee

Bad Law
144 Cal. Rptr. 3d 308·2012 Cal. App. LEXIS 834·207 Cal. App. 4th 1325·2012 WL 3008783
Court of Appeal of CaliforniaJuly 24, 2012No. D059843California8,664 words

Opinion

Lead Opinion

McDonald, J.

Richard McKee appeals an order entered by the trial court on remand after the California Supreme Court’s decision in People v. McKee (2010) 47 Cal.4th 1172 [ 104 Cal.Rptr.3d 427 , 223 P.3d 566 ] (McKee). Following an evidentiary hearing, the trial court confirmed McKee’s indeterminate-term civil commitment as a sexually violent predator (SVP) under the Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq.; Act or SVP Act), 1 as amended by Proposition 83, which was passed by the electorate in 2006. “Proposition 83 . . . modified the terms by which [SVP’s] can be released from civil commitment under the [Act]. In essence, it changes the commitment from a two-year term, renewable only if the People prove to a jury beyond a reasonable doubt that the individual still meets the definition of an SVP, to an indefinite commitment from which the individual can be released if he [or she] proves by a preponderance of the evidence that he [or she] no longer is an SVP.” ( McKee, supra, 47 Cal.4th at pp. 1183-1184.) McKee affirmed in part and reversed in part McKee’s civil commitment under the Act and directed us to remand the matter to the trial court for an evidentiary…

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