P. v. Purcell
Lance Duane Purcell appeals from an order involuntarily committing him for an indeterminate term to the custody of the Department of Mental Health (Department) after a jury found him to be a sexually violent predator (SVP) within the meaning of the Sexually Violent Predator Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.)[1] Appellant contends: (1) the trial court erred in allowing evidence of prior SVP commitments to be the focus of the trial, which shifted the burden of proof to him to prove he was no longer an SVP; (2) the trial court lacked jurisdiction because the Department failed to evaluate appellant pursuant to a valid protocol; and (3) an indeterminate SVP commitment violates due process, equal protection, ex post facto and double jeopardy provisions of the state and federal Constitutions.
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