In re Bartholomew D‪.‬

Defendant Stanley Fulcher appeals from an order committing him to the state Department of Mental Health for two years as a sexually violent predator (SVP) under Welfare and Institutions Code section 6600 et seq. He contends the trial court erred in finding his 1998 conviction for committing lewd acts upon a child under age 14 (Pen. Code, § 288, subd. (a)) qualified as a "sexually violent offense" within the meaning of the SVP Act. Defendant complains that there was insufficient evidence of force, duress or substantial sexual conduct; the experts opinions should have been excluded because they were based on mistaken assumptions that he used force or duress; the court erred in allowing the prosecutor to relitigate the 1998 offense; the trial court erred in admitting inadmissible hearsay evidence of past misconduct and inflammatory photographs; and the trial court erred in failing to give a unanimity instruction. For the reasons stated below, we affirm.