Legal Opinion

People v. O'SHELL

California Court of Appeal

Decided April 8, 2009No. D052192, D052648PublishedCited by 2 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

IRION, J.

David O’Shell appeals an order involuntarily committing him for an indeterminate term to the custody of the State Department of Mental Health (DMH) after a jury found him to be a sexually violent predator (SVP) within the meaning of the Sexually Violent Predators Act (SVPA or Act). (Welf. & Inst. Code, § 6600 et seq.)

O’Shell argues that the order must be reversed because (i) the trial court prejudicially erred in precluding him from testifying to the jury that he faced a life sentence under California’s “Three Strikes” law if he reoffended; (ii) the SVPA violates the state and…

2Cases cited16 opinions

  1. People v. WatsonCalifornia Supreme Court · 1956
  2. People v. GreenCalifornia Supreme Court · 1980
  3. Kansas v. CraneSupreme Court of the United States · 2002
  4. People v. WeaverCalifornia Supreme Court · 2001
  5. Cooley v. Superior CourtCalifornia Supreme Court · 2003

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3Cited by2 opinions

  1. People v. Peraza CA3California Court of Appeal · 2014
  2. People v. Purdue CA3California Court of Appeal · 2014

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