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eBook details

• Title: People v. Rains
• Author : California Court of Appeals
• Release Date : January 25, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

A jury found appellant Jonathan Michael Rains to be a sexually violent predator within the meaning of Californias Sexually Violent Predators Act (SVPA) (Welf. & Ins. Code, § 6600 et seq.). On the day the jury reached its verdict (April 22, 1997), the court ordered appellant committed to Atascadero State Hospital. The court further ordered that the commitment expire on September 20, 1998. The courts written order, filed on April 23, 1997, described the commitment as "a two (2) year commitment" and as having been imposed pursuant to the provisions "of section 6604 of the Welfare and Institutions Code[.]" September of 1998 is of course much less than two years from April of 1997, but appellant was given credit for time he spent in custody in a secure facility prior to his SVPA trial. In F028684 Rains appeals from this order. He contends that (1) the SVPA violates various provisions of the Constitution of the United States ("U.S. Constitution") and of the Constitution of the State of California ("California Constitution"); (2) the court committed error warranting reversal by admitting evidence of the effect of a "true" finding on an allegation that a defendant is a sexually violent predator (i.e., that he would be committed to a hospital for a period of two years and would receive treatment); and (3) he was denied due process of law by the courts instruction (patterned after CALJIC No. 2.90) on the meaning of "reasonable doubt."

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