In Re Detention Of Stephen J. Twining

SWEENEY, A.C.J. --Stephen Twining appeals his civil commitment as a sexually violent predator. He contends: (1) the sexually violent predators statute, RCW 71.09, violates the equal protection clause; (2) the court erred in refusing to allow his expert witness to testify; (3) the State's expert witness did not testify on a more likely than not basis that Mr. Twining had a mental abnormality or personality defect which rendered him a sexual predator; (4) testimony concerning a sexual deviancy treatment was improperly excluded; (5) the court erred in excluding jury instructions on the presumption that he is not a predator and defining personality disorder; and (6) the jury selection process did not comply with due process. Mr. Twining also contends in a personal restraint petition that (7) he should be allowed to withdraw his guilty pleas to first degree rape and attempted indecent liberties because he was not informed that involuntary commitment as a sexually violent predator could be a direct consequence of those pleas, and (8) the sexual predator proceeding violates protections against double jeopardy. We affirm.