P. v. McNary
Shawn McNary appeals from an indeterminate civil commitment to the State Department of Mental Health (the Department) after he was found to be a sexually violent predator (SVP) under the Sexually Violent Predator Act (SVPA; Welf. & Inst. Code, 6600 et seq.).[1] He contends the trial court prejudicially erred in allowing the Peoples two psychologists to testify in detail about hearsay statements contained in police reports regarding uncharged offenses as part of the basis for their expert opinions. He further contends that his indeterminate commitment violates due process, the ex post facto clause and equal protection. Finally, he claims his commitment must be reversed because the evaluations supporting the SVP petition were invalid because the Departments standardized assessment protocol governing them was an invalid underground regulation, having been adopted without compliance with the Administrative Procedures Act (APA; Gov. Code, 11340 et seq.). Court shall affirm the judgment.
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