P. v. Warren
Andrew Dang Warren appeals an order involuntarily committing him for an indeterminate term to the custody of the California Department of Mental Health (DMH) after a jury found him to be a sexually violent predator (SVP) under the amended Sexually Violent Predators Act (SVPA) within the meaning of Welfare and Institutions Code[1] section 6600 et seq. Warren contends the order must be reversed because (1) the court erroneously denied him an opportunity to question the prosecution's psychological experts in order to reveal their bias because they overdiagnosed SVP's; (2) the court erroneously refused to instruct the jury with a pinpoint instruction modifying CALCRIM No. 3454; (3) the SVPA violates state and federal due process guarantees by imposing an indeterminate term on SVP's and requiring them to prove they no longer qualify as SVP's; (4) the SVPA violates equal protection guarantees under the state and federal Constitutions; and (5) the SVPA violates ex post facto and double jeopardy state and federal constitutional prohibitions. We affirm the order of commitment.
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