The People v. Shamon CA4/1

BACKGROUND

To establish Shamon was a sexually violent predator under the Act, the People had

to prove Shamon had been convicted of a sexually violent offense against one or more

victims. The parties stipulated Shamon previously pleaded guilty to and was imprisoned

for forcible rape (Pen. Code, § 261, subd. (a)(2)) and forcible rape by a foreign object

(Pen. Code, § 289, subd. (a)(1)). The parties do not dispute these crimes were sexually

violent offenses and the court so instructed the jury.

The People also had to prove Shamon was dangerous because he had a diagnosed

mental disorder that made him "likely" to engage in "sexually violent predatory offenses"

in the future. Finally, the People had to prove Shamon needed to be confined in a secure

facility to ensure the health and safety of others. (Welf. & Inst. Code, § 6600, subd.

(a)(1); Cooley v. Superior Court (2002) 29 Cal.4th 228, 243; CALCRIM No. 3454.)

To meet their burden, the People offered the testimony of two psychologists who

evaluated Shamon. One diagnosed Shamon with schizoaffective disorder, exhibitionism,

and polysubstance dependence. The other diagnosed Shamon with schizophrenia and

2 methamphetamine…