Paniagua

People v. Paniagua

Good Law
146 Cal. Rptr. 3d 871·2012 Cal. App. LEXIS 994·209 Cal. App. 4th 499·2012 WL 4127801
Court of Appeal of CaliforniaSeptember 20, 2012No. A123926California2,821 words

Opinion

Lead Opinion

Richman, J.

Defendant Carlos Paniagua appeals from the order committing him to the State Department of Mental Health for an indeterminate term, which order followed a jury’s determination that defendant qualified as a sexually violent predator (SVP)—a determination made after three days of deliberation. Defendant makes seven arguments on appeal. The first claims the petition for his commitment was procedurally defective. The next four claim evidentiary and instructional error. And the final two claim the amended version of the SVP commitment scheme (Welf. & Inst. Code, § 6600 *503 et seq.) 1 that extended the length of commitment from two years to an indeterminate term is unconstitutional, on two separate bases.

We reject defendant’s procedural argument. But we agree with one of his evidentiary arguments, that the trial court committed prejudicial error in admitting evidence that defendant returned from Thailand on United Airlines flight No. 842. The evidence had been the subject of a motion in limine, and vigorous dispute, and was admitted over defendant’s Evidence Code section 352 objection—without any section 352 analysis. And even after the true facts revealed, as the People…

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