P. v. Magpie
Filed 6/21/06 P. v. Magpie CA1/2
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. GARFIELD MAGPIE, Defendant and Appellant. | A110934 (San Francisco County Super. Ct. Nos. 127263 & 171341) |
After a jury determined that defendant Garfield Magpie qualified as sexually violent predator, the trial court committed him to Atascadero State Hospital for a two‑year period. On this appeal, defendant contends that (1) the prosecution did not carry its burden of proving that he satisfied the definition of a sexually violent predator; and (2) the manner in which the trial court responded to several questions from the jury amounted to instructional error. We reject both contentions and affirm.
BACKGROUND
Under California's Sexually Violent Predator Act (SVPA), a convicted sex offender who has completed his prison sentence may be civilly and involuntarily committed to a state mental hospital if he is found to be a â€