In Re Detention Of Rolando Torrez Aguilar

SWEENEY, J. --A jury found Rolando T. Aguilar to be a sexually violent predator pursuant to RCW 71.09. He makes six assignments of error: (1) The sexually violent predator statute is void for vagueness. (2) The statute violates the equal protection clause of the fourteenth amendment to the United States Constitution. (3) The initial detention and evaluation violated CR 35. (4) The initial detention and evaluation process violated his right to procedural due process guaranteed under the statute. (5) The opinion of the State's expert was not generally accepted within the scientific community and therefore did not meet the Frye*fn1 test. (6) And finally the court erred in denying a new trial based on misconduct of the assistant attorney general during closing argument. Mr. Aguilar also filed personal restraint petitions on three previous criminal convictions. We remand for consideration of less restrictive alternatives to total confinement, but otherwise affirm the decision and dismiss the personal restraint petitions.