People v. Superior Court of Mendocino County
Annotate this CaseThe Mendocino County District Attorney filed a petition to commit Couthren as a Sexually Violent Predators under Welfare & Institutions Code 6600, alleging that Couthren had been convicted of felony oral copulation in 1973 and felony kidnapping in 1979 and 1999. Couthren’s most recent term of incarceration was expiring. The petition alleged that he represented a current danger to others and attached a letter from a deputy director of the Department of State Hospitals recommending Couthren’s commitment plus four certified copies of expert evaluation reports from psychologists who examined Couthren. Three favored commitment; Dr. Kokubun found that Couthren did not currently have a diagnosable mental disorder that predisposed him to the commission of criminal sexual acts. Couthren’s attorney was told that the hearing would be submitted on the three concurring reports but that the Kokubun report had been provided to the court. Couthren’s counsel sought to exclude the evaluations on hearsay grounds, citing the Supreme Court’s Sanchez decision. The court found that Couthren had committed qualifying sexually violent offenses against multiple victims but that the remaining elements necessary to support the SVP designation could not be established solely on the basis of hearsay written evaluations. It dismissed the petition. The court of appeal denied a petition for mandamus relief, rejecting an argument that precedent permits the proof of probable cause through the use of written expert evaluations, despite their hearsay nature.
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