California v. Orey
Annotate this CaseA jury found Trampas Orey to be a sexually violent predator pursuant to the Sexually Violent Predator Act (SVPA). The trial court ordered him committed to the California Department of State Hospitals (DSH) for an indeterminate term. Orey appealed the order of commitment. The Court of Appeal affirmed, concluding: (1) any error in admitting into evidence two photographs of victims was harmless; (2) the trial court did not err by admitting into evidence prison records and Coalinga State Hospital records reflecting statements concerning or attributed to Orey; (3) substantial evidence supported the order of commitment; (4) the trial court did not err by denying Orey’s motions, made pursuant to California v. Marsden 2 Cal.3d 118 (1970); (5) the trial court did not err by denying Orey’s request to give a special instruction on the issues of “volitional impairment” and “serious difficulty controlling sexually violent behavior”; (6) the SVPA did not violate equal protection, due process, the prohibition on ex post facto laws, and double jeopardy under either the federal or state constitution; and (7) there was no cumulative error.
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