People v. McRoberts, No. C060485

Trial court's order committing defendant to a state hospital for an indeterminate term of treatment and confinement is affirmed where: 1) trial court was correct in applying section 6600.1, of the Sexually Violent Predator Act (SVPA), to defendant's juvenile adjudication for child molestation, as the government satisfied this element of an SVPA commitment; 2) trial court did not abuse its discretion in excluding the testimony of his lay witnesses; and 3) court did not err in refusing defendant's request for an instruction requiring the jury to find it was necessary to keep him in a secure facility for the protection of the health and safety of others. 

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Filed November 2, 2009

Judges

Opinion by Judge Nicholson

Counsel

For Appellant:  Deborah L. Hawkins

For Appellee:  Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Judy Kaida and Julie A. Hokans, Deputy Attorneys General