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Name: People v. Torres
Case #: S079571
Court: CA Supreme Court
District CalSup
Opinion Date: 05/21/2001
Subsequent History: None

SVPA case Under the Sexually Violent Predators Act (SVPA), the trier of fact need not make a finding that the defendant’s prior crimes are “predatory acts” in order to find that he is a sexually violent predator. The statute requires that in order to be a sexually violent predator, the offender must have been convicted of a sexually violent offense. There is no requirement that the act be a predatory act, and the language of the statute is unambiguous. Even assuming that appellant is correct in his assertion that the legislative intent was to provide confinement for those who are likely to commit future predatory crimes, the Legislature has not chosen to effectuate that purpose by requiring the trier of fact to determine whether the predicate felonies involved predatory behavior.