P. v. Cooley
Defendant Joshua Bryan Cooley appeals after he was found to be a sexually violent predator (SVP) under the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code,[1] § 6600 et seq.) He contends the evidence was insufficient to support the jury's findings, that the trial court committed evidentiary and instructional error, that the prosecutor committed misconduct, that the SVPA violates his rights to due process and equal protection, that it acts as an ex post facto law, and that it is unconstitutionally vague. We reject each of these contentions except the equal protection claim, which is the subject of pending litigation. (People v. McKee (2010) 47 Cal.4th 1172 (McKee).) We shall therefore remand this case to the trial court to await final resolution of McKee and, when McKee is final, to consider defendant's equal protection claim. In all other respects, we shall affirm the judgment.
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