Fraser

People v. Fraser

Caution
138 Cal. App. 4th 1430·42 Cal. Rptr. 3d 424
Court of Appeal of CaliforniaApril 28, 2006H028312California10,078 words

Opinion

Opinion

Bamattre-Manoukian, J.

I. INTRODUCTION

Defendant John Willoughby Fraser appeals from an order of the trial court recommitting him to the Department of Mental Health for a period of two years under the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.)

Defendant contends that the trial court erred in (1) denying his motion for self-representation under Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ]; and (2) failing to sua sponte instruct the jury that they have a duty to assess the credibility of victim hearsay statements contained in police reports.

For reasons that we will explain, we find no error and therefore we will affirm the recommitment order.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Defendant’s History of Sex Offenses

Defendant’s history of sex offenses includes pleading guilty to five counts of lewd and lascivious conduct (Pen. Code, § 288, subd. (a)) involving three victims under the age of 14: Cherie, Richard, and Mark D. The police reports pertaining to the incidents of molestation also include evidence of sexual conduct involving three other children under the age of 14, Wendy, James, and Mark R, as briefly summarized…

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