People v. Jenks CA4/3

California Court of Appeal Jun 3, 2025 No. G062682Unpublished

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Holding. The court held that the defendant forfeited his as-applied due process challenge to the burden of proof under the Sexually Violent Predators Act by failing to raise it in the trial court, and that the challenge was meritless under established precedent.

Issues

Whether the defendant forfeited his as-applied constitutional challenge to the burden of proof under Welfare and Institutions Code section 6608, subdivision (k).
Whether requiring a civilly committed sexually violent predator to prove suitability for conditional release by a preponderance of the evidence violates federal due process.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We conclude this argument was forfeited, and in any event, it is unavailing.”

“An as-applied constitutional challenge is forfeited unless previously raised.”

“Having concluded Jenks’s arguments to distinguish McKee are unavailing here, we must follow McKee.”

Filed 6/3/25 P. v. Jenks CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062682

v. (Super. Ct. No. M-10842-1)

JAMES JENKS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Robert A. Knox, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier and Sahar Karimi, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant James Jenks is civilly committed as a sexually violent predator (SVP) under the Sexually Violent Predators Act (Welfare and Institutions Code1 section 6600 et seq.; SVPA). Jenks petitioned for conditional release, which the trial court denied after a hearing. On appeal, Jenks argues his federal due process rights were violated because, under section 6608, subdivision (k), the burden was placed on him to prove by a preponderance of the evidence that he should be conditionally released. We conclude this argument was forfeited, and in any event, it is unavailing. We affirm. FACTUAL AND PROCEDURAL HISTORY In 2016, a jury found Jenks to be an SVP.2 A panel of this court affirmed the judgment on appeal. (People v. Jenks (Dec. 11, 2018, G054203) [nonpub. opn.].) In January 2020, Jenks filed a petition for conditional release pursuant to section 6608. The trial court held a hearing on the petition, during which multiple witnesses testified. The parties presented conflicting evidence at the hearing regarding whether Jenks was suitable for conditional release. For example, Dr. Stephen Davis testified Jenks was suitable for

People v. Jenks CA4/3

AI Brief

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

JAMES JENKS, OPINION

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