P.

BACKGROUND

The facts of the predicate offenses are only briefly summarized since these facts are not relevant to the legal issues raised on appeal. On September 6, 1981, when defendant was 19 years old, defendant had a knife and forced a 15-year-old boy to orally copulate him. Defendant was convicted of violating Penal Code section 288, subdivision (a), and sentenced to three years in prison. In 1985, defendant forced a 14-year-old boy to orally copulate him. Defendant was convicted of violating Penal Code section 288, subdivision (c), and sentenced to six years in prison. In 1988, defendant met two teenage boys and bound one of the boys, before threatening him with scissors, sodomizing him, and orally copulating him. Defendant was convicted of violating Penal Code section 286, subdivision (c), and section 288, subdivision (a)(c). He received a 10-year prison commitment.

2 While in prison, defendant had multiple rule violations. On March 5, 1998, a petition was filed seeking to commit defendant as an SVP pursuant to the SVPA. Proposition 83 passed in November of 2006, and the petition was amended to reflect an indeterminate commitment. Defendant had a jury trial, which began on…