Court of Appeals of Washington May 16, 2011, No. 64264-2-I (In re the Detention of Aston)

Cox, J.

¶1 — James Aston Jr. appeals his civil commitment as a sexually violent predator (SVP). We hold that the State provided sufficient evidence to prove beyond a reasonable doubt that Aston committed a “recent overt act,” as defined by RCW 71.09.020(2), and is an SVP. Moreover, a unanimity instruction was not required for the jury to decide that he committed a recent overt act.