People v. Kirk

Opinion

CALDECOTT, P. J.

This is an appeal from a judgment, following a jury trial, committing appellant to Atascadero State Hospital as a mentally disordered sex offender.

I

Appellant contends that the preponderance of evidence standard of proof in mentally disordered sex offender proceedings and the lack of a requirement for a unanimous verdict is an unconstitutional denial of appellant’s Sixth and Fourteenth Amendment rights under the United States Constitution, and article I, section 7 of the California Constitution.

The identical questions raised by appellant on this appeal were recently…