P. v. Seeboth
In August 2001, a petition was filed to extend defendant Timothy Seeboths commitment as a sexually violent predator (SVP) from September 2001 to September 2003. In March 2003, a jury was unable to reach a unanimous verdict on the petition, and a mistrial was declared. In July 2003, a petition was filed to extend the commitment from September 2003 to September 2005. The Peoples motion to consolidate the two petitions was granted. In April 2005, a jury found to be true the allegation that, by reason of a diagnosed mental disorder, defendant is an SVP within the meaning of Welfare and Institutions Code section 6600, subdivision (a). (Further section references are to the Welfare and Institutions Code unless otherwise specified.) Based on the jury finding, defendants commitment to the Department of Mental Health was extended to September 2005.
On appeal, defendant contends (1) his appeal is not moot, (2) the evidence supporting the commitment is insufficient, (3) irrelevant inflammatory evidence was admitted over his objection, (4) privileged information was erroneously admitted, and (5) the jury was erroneously advised of the length of the commitment.
The relevant factual and procedural background is set forth in the Discussion. Court affirm the judgment.
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