P. v. Cheek
Defendant appeals from an order of the trial court recommitting him to the Department of Mental Health for a period of two years under the Sexually Violent Predators Act.
Cheek contends that the recommitment order must be reversed because (1) the March 26, 2003 petition to extend commitment was not supported by two evaluations by a qualified psychologist or psychiatrist, as required; (2) the principles of collateral estoppel and res judicata bar the proceedings to recommit Cheek under the SVPA because in 1981 Cheek was found not to be a mentally disordered sex offender; and (3) the trial court abused its discretion in ordering consolidation of three pending petitions to extend commitment over defendant’s objection.
Court found no reversible error and therefore affirmed the recommitment order.
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