McCloud

Byron McCloud appeals from the order of the trial court, following a jury trial, committing him to the custody of the former State Department of Mental Health (DMH), pursuant to provisions of the Sexually Violent Predator Act (SVPA), Welfare and Institutions Code section 6600 *1079 et seq. 1 McCloud contends that two provisions of the SVPA violate his due process and equal protection rights under the United States Constitution: (1) that commitments are for an indeterminate term, rather than for a fixed term, with the burden placed on the committee, if the DMH opposes release, to show that he or she is no longer a sexually violent predator (SVP) and (2) that when a committee petitions for release and the trial court determines that the petition is frivolous, the trial court may dismiss the petition without a hearing. Additionally, McCloud maintains that the jury’s determination that he is an SVP was not supported by sufficient evidence.

We conclude that McCloud’s due process claims are foreclosed by People v. McKee (2010) 47 Cal.4th 1172 [ 104 Cal.Rptr.3d 427 , 223 P.3d 566 ] (McKee I). We concur with the finding of the court in People v. McKee (2012) 207 Cal.App.4th 1325…