In Re Kirk

Following a hearing, the trial court found there was probable cause to hold petitioner for trial as a potential sexually violent predator (SVP) under the Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq., the SVP Act). In his petition for writ of habeas corpus, petitioner contends the trial court’s probable cause finding was not based on competent evidence, insofar as the trial court relied on uncertified psychological evaluations as evidence of petitioner’s mental disorder. For the reasons discussed below, we agree with petitioner’s contentions, and will grant the petition and require the superior court to conduct a new probable cause hearing.

Facts

On January 26, 1989, petitioner Lawrence Rudy Kirk was sentenced to state prison for 29 years, as a result of his conviction for committing multiple illegal sexual acts. Petitioner appealed his conviction, and this division affirmed the judgment and remanded the matter for resentencing in People v. Kirk (1990) 217 Cal.App.3d 1488 [ 267 Cal.Rptr. 126 ], Following remand and resentencing, this division affirmed the trial court’s reduction of petitioner’s sentence to 15 years in People v. Kirk (Apr. 4, 1991)…