McDonald

*1371 Opinion

Introduction

A petition filed in January 2008 alleged John McDonald was a sexually violent predator (SVP) within the meaning of the Sexually Violent Predator Act, Welfare and Institutions Code section 6600 et seq. (SVPA). 1 Following trial in January 2011, the trial court found the allegations of the petition to be true and committed McDonald for an indeterminate term to the custody of the former State Department of Mental Health (DMH) (now the Department of State Hospitals) for treatment in a secured facility. McDonald appeals from the commitment order.

In March 2012, we ordered further proceedings in this matter suspended until the finality of proceedings on remand in People v. McKee (2010) 47 Cal.4th 1172 [ 104 Cal.Rptr.3d 427 , 223 P.3d 566 ] (McKee I). Division One of the Fourth Appellate District of the Court of Appeal subsequently issued its opinion in People v. McKee (2012) 207 Cal.App.4th 1325 [ 144 Cal.Rptr.3d 308 ] (McKee II). After the California Supreme Court denied review of McKee II, we vacated our order suspending further proceedings and invited the parties to submit supplemental letter briefs addressing the effect of McKee I and subsequent…