P. v. Lugo CA2/2
Henry Lugo (defendant) appeals from the judgment adjudicating him to be a sexually violent predator (SVP) pursuant to Welfare and Institutions Code sections 6600 et. seq. (the SVP Act or SVPA). Defendant contends the trial court erred in denying his motion for a mistrial. Defendant asserts the prosecutor committed misconduct when he questioned one of the prosecution’s expert witnesses about the effect of a sustained petition and also when he asked that expert if the defense expert witness had made any unethical statements in his report. We find no misconduct by the prosecutor, and no prejudice from the erroneously admitted evidence of the conditions of defendant’s confinement. The trial court did not abuse its discretion in denying defendant’s motion for a mistrial. We affirm the judgment.
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