In determining whether a person qualifies as a sexually violent predator under the SPPCA, does the statute in effect at the time of defendant's trial and recommitment apply?
California, United States of America
The following excerpt is from People v. Rogers, C055022 (Cal. App. 12/4/2008), C055022 (Cal. App. 2008):
In determining whether a person qualifies as a sexually violent predator under the statute, the statute in effect at the time of defendant's current trial and recommitment applies. (People v. Carroll (2007) 158 Cal.App.4th 503, 509, 513-514; see, Garcetti v. Superior Court (1999) 76 Cal.App.4th 685, 687-689.) Thus, since defendant's trial and recommitment took place in February 2007, the November 2006 SPPCA amendments apply.
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