In an appeal from an SVP commitment following a bench trial, defendant argued that the lack of a requirement that SVPs personally waive their jury trial right violates equal protection given that there is such a requirement for MDOs and NGIs. The Court of Appeal agrees with the parties that SVPs are similarly situated to MDOs and NGIs in this context and, applying rational basis review, rejects the AG’s two proffered rationales for the disparate treatment. The court remands “to give the People a meaningful opportunity to demonstrate a valid constitutional justification.”
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