P. v. Thompson
This is an appeal from an order committing Spencer Thompson to the custody of the Department of Mental Health (DMH) for an indeterminate term pursuant to a jury determination that Thompson is a sexually violent predator (SVP) under the Sexually Violent Predator Act, Welfare and Institutions Code section 6600 et seq. (the SVPA).[1]
Thompson contends the commitment order must be reversed because (1) he was denied the effective assistance of counsel; (2) the trial court refused to give a pinpoint jury instruction addressing the requirement of volitional impairment; and (3) the current version of the SVPA violates the equal protection clause of the state and federal constitutions. We reject Thompson’s first two contentions. However, we will remand this case to the trial court for consideration of Thompson’s equal protection claim.
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