P. v. Cheek
A jury found Michael Thomas Cheek to be a sexually violent predator under the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code, § 6600, et seq.)[1]
By order filed January 5, 2007, the trial court committed Cheek to the Department of Mental Health for a period of two years, from July 14, 2005, to July 14, 2007. In committing Cheek to a two-year term, rather than to an indeterminate term pursuant to amendments to the SVPA in 2006, the trial court concluded that the amended SVPA was unconstitutional and that the prior statutory scheme, before the 2006 amendments, should be enforced by the court.
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