People v. Sloan CA3

DISCUSSION

Sloan contends the trial court erred in permitting Dr. King to testify at his trial because the People have no right under the SVPA to retain a testifying expert. The California Supreme Court recently rejected that contention in Needham, and we are bound by that holding. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455.) Under Needham, “[t]he People’s qualified expert may testify and give an opinion as to whether the defendant meets the statutory definition of an SVP.” (People v. Needham, supra, 16 Cal.5th at p. 369.) Thus, the trial court did not err in allowing the People to use Dr. King as their retained expert to testify at trial.

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DISPOSITION

The order finding Sloan qualified as an SVP and committing him to the Department of State Hospitals is affirmed.

/s/

MESIWALA, J.

We concur:

/s/ DUARTE, Acting P. J.

/s/

BOULWARE EURIE, J.

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