Campos

People v. Campos

Good Law
32 Cal. App. 4th 304·38 Cal. Rptr. 2d 113
Court of Appeal of CaliforniaFebruary 14, 1995B080474California1,802 words

Opinion

Opinion

Jose J. Campos appeals from a jury's determination that he is a mentally disordered offender (MDO). (Pen. Code, § 2960 et seq.) He contends the trial court erred: (1) in allowing the sole expert witness, Audrey Mertz, M.D., to relate that nontestifying experts who evaluated appellant concurred in her opinion that appellant met the MDO criteria; and (2) by admitting into evidence reports prepared by the nontestifying experts and the underlying probation report. He also contends that there was insufficient evidence to prove that the person in charge of his treatment evaluated him prior to his parole date. (Pen. Code, § 2962, subd. (d)(1).)

We conclude the evidence is sufficient to show that appellant was properly evaluated prior to his parole date. However, the trial court erred in permitting Doctor Mertz to testify to the content of opinions formed by nontestifying experts, and in admitting their reports and the probation report into evidence. Because these errors were harmless, we affirm.

In February 1991, appellant committed a robbery using a firearm. Two months later, he surrendered and explained that voices told him to commit the robbery. He was sentenced…

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