P. v. Dampier
In a recommitment proceeding under the Sexually Violent Predator Act (Welf. & Inst. Code, 6600 et seq. (SVPA); undesignated section references are to the Welfare and Institutions Code), a jury found on October 12, 2005, that defendant William Dampier was a sexually violent predator (SVP). On October 13, 2005, the trial court extended defendants commitment from September 24, 2004, to September 24, 2006. The parties agree that that commitment has now expired.
Challenging the legal basis for his 2004 - 2006 commitment, defendant contends: (1) Insufficient evidence supports the jurys finding. (2) The trial court violated the patient-physician privilege and the patient-psychotherapist privilege by admitting the records of defendants psychiatric, psychological, and medical treatment into evidence. (3) The trial court and the prosecutor deprived defendant of due process of law and a fair trial by advising the jury of the consequences of a finding that defendant was an SVP. (4) The expiration of defendants recommitment term has not mooted this appeal.
Court conclude that the appeal is not moot, but that defendants arguments lack merit. Therefore, Court affirm the judgment (order of recommitment).
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