People v. McCloud

Opinion

LAMBDEN, J.

Byron McCloud appeals from the order of the trial court, following a jury trial, committing him to the custody of the former State Department of Mental Health (DMH), pursuant to provisions of the Sexually Violent Predator Act (SVPA), Welfare and Institutions Code section 6600 *1079et seq.1 McCloud contends that two provisions of the SVPA violate his due process and equal protection rights under the United States Constitution: (1) that commitments are for an indeterminate term, rather than for a fixed term, with the burden placed on the committee, if the DMH opposes release, to…