People v. Hardacre (2001)

THE PEOPLE, Plaintiff and Respondent, v. JOHN HOWARD HARDACRE, Defendant and Appellant.

[Modification of opinion (90 Cal. App. 4th 1392; 109 Cal.Rptr.2d 667) on denial of petition for rehearing.]

THE COURT.-

It is ordered that the opinion filed July 25, 2001, be modified as follows:

On page 6, in the bracketed case citations at the end of the second full paragraph under the heading "Due Process," [90 Cal. App. 4th 1399, advance report, last par., line 10] the following citation is added: People v. Otto (2001) 26 Cal. 4th 200, 209 [109 Cal. Rptr. 2d 327, 334]. This citation shall appear after the citation to Ake v. Oklahoma (1985) 470 U.S. 68, 76-77, and before the citation to People v. Superior Court (Howard) (1999) 70 Cal. App. 4th 136, 154.

On page 8 [90 Cal. App. 4th 1401, advance report], the first paragraph, which begins with, "Hardacre complains that by not appointing an expert [91 Cal. App. 4th 772b] . . . .," and the second paragraph, which begins with "Absent some showing of bias or incompetence. . . .," are deleted. In their place, the following paragraph is added:

"Hardacre complains that by not appointing an expert to assist him, the court gave DMH too much control over the probable cause determination. 6] If an SVP articulates some reason to believe that information in the annual report by DMH is inaccurate or unreliable, the court may exercise its discretion under section 6605, subdivision (a), and appoint an expert to assist the SVP at the show cause hearing. But this does not mean that an expert is constitutionally required in all cases."

The petition for rehearing is denied.

There is no change in judgment.