People v. Hunter

Opinion by

Judge RICHMAN.

Defendant, James Henry Hunter, appeals the trial court's order finding that he meets the criteria of a sexually violent predator (SVP) under section 18-8-414.5, C.R.8.2009. We reverse.

I. Background and Procedural History

According to the prosecution's evidence at trial, defendant, while wearing a sock over his face to conceal his identity, broke into his neighbor's home and sexually assaulted her and her daughter. A jury convicted defendant of second degree burglary, sexual assault, sexual assault on a child, and a crime of violence. At sentencing, the court found that…