P.

BACKGROUND

We omit a discussion of the facts of the underlying convictions as well as the

evidence provided at the recommitment trial because Philips does not challenge either the

admissibility or the sufficiency of the evidence to support his current commitment.

Rather, this appeal presents questions of law.

In May 2010, the People filed an amended petition seeking to commit Philips as

an SVP for an indeterminate term, alleging he was "convicted of a sexually violent

offense against one or more victims for which he was sentenced and who has a diagnosed

mental disorder that makes him a danger to the health and safety of others, in that it is

likely he will engage in sexually violent predatory criminal behavior." In October 2011,

a jury found Philips qualified as an SVP and the court committed him to the DMH for an

indeterminate term.

All further statutory references are to the Welfare and Institutions Code unless otherwise stated.

DISCUSSION

I.

Due Process, Ex Post Facto, and Double Jeopardy Claims

In his opening brief, Philips contends the amended SVPA violates due process by

"replacing the two-year term with an indeterminate term and shifting the burden…