People v. Tran
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The Court of Appeal affirmed the trial court's finding that defendant qualified as a sexually violent predator (SVP) and commitment of defendant to state hospital for treatment and indeterminate confinement.
As a preliminary matter, the court concluded that defendant did not forfeit his due process challenge where defendant objected to the delay and thus a federal constitutional claim regarding the deprivation of a timely trial is preserved even if no motion to dismiss is filed. On the merits, the court reached the same conclusion weighing the Mathews factors as it did with the Barker factors: defendant's right to due process was not violated. The court explained that any risk of an erroneous deprivation of defendant’s liberty was reasonably mitigated by the procedural requirements of the Sexually Violent Predator Act. Furthermore, the state's compelling interest in protecting society from the risk defendant posed to it is entitled to significant weight and tips the scales in favor of the court's finding that defendant was provided with all the process that he was due.
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