People v. Gary CA2/5

facts and circumstances of the predicate offenses, diagnosed Gary as having pedophilic disorder and antisocial personality disorder, and opined that Gary was likely to commit another sexually violent and predatory offense if released from custody. Dr. Christopher Fisher testified on Gary’s behalf. He opined that Gary’s diagnosis of pedophilic disorder was not currently supported. Although he noted that the diagnosis might have been appropriate at earlier times in Gary’s life, pedophilic disorder can change over time, even without treatment. He further opined that the diagnosis alone was not sufficient to meet SVP criteria if a person is not volitionally impaired, and that there was no current or recent evidence that Gary could not control his sexual behavior. Although Dr. Fisher believed that Gary could have been diagnosed with antisocial personality

that the offense was committed in 1973, but Gary was adjudged a ward of the court for the offense in 1974.

4 In his supplemental brief, Gary refers to the 1986 conviction as the 1980 conviction and the 1986/1987 conviction.

4 disorder when he was 20 or 30 years old, he believed those traits were currently in remission. Multiple…