P. v. Casebolt
Travis Casebolt (appellant) appeals from an order committing him to the State Department of Mental Health (DMH), now the State Department of State Hospitals, for an indeterminate period as a sexually violent predator (SVP) under the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.) He contends the judgment must be reversed because (1) the evidence was insufficient to support a current diagnosis of sexual sadism; (2) the court should have given a sua sponte instruction quantifying the risk of reoffense necessary to support a commitment; (3) the trial court erred by failing to instruct the jury sua sponte that an SVP commitment is for an indefinite time period; (4) the protocol governing SVP evaluations is invalid; (5) commitment without the prospect of effective treatment violates his right to due process; (6) the court should have instructed the jury sua sponte that it must unanimously agree on the disorder that provides a basis for commitment; and (7) the SVPA is an unconstitutional ex post facto law, improperly shifts the burden of proof, and violates appellant’s right to equal protection. We reject appellant’s contentions and affirm.
Comments on P. v. Casebolt