Starr

People v. Starr

Good Law
106 Cal. App. 4th 1202·131 Cal. Rptr. 2d 616·2003 Cal. App. LEXIS 367·2003 Daily Journal DAR 2825·2003 Cal. Daily Op. Serv. 2242
Court of Appeal of CaliforniaMarch 11, 2003B155507California1,660 words

Opinion

Opinion

Gilbert, J.

Here we conclude pedophilia is a severe mental disorder. Robert George Starr appeals the judgment and order of commitment to the State Department of Mental Health for treatment as a mentally disordered offender (MDO). (Pen. Code, § 2962 et seq.) We affirm.

Facts

Starr, 62 years old, had an extensive criminal record. Over an eight-month period in 1991, he committed numerous acts of sexual intercourse, oral copulation, digital penetration and sodomy on two girls, ages six and seven. He referred to one of the victims as “a little Lolita.” He pled guilty to four counts of committing lewd acts on a minor under 14 years of age. (§ 288, subd. (a).) He was sentenced to 14 years in state prison.

In 2000, the Board of Prison Terms (BPT) determined that Starr was an MDO. He petitioned to review its determination in the superior court. After a hearing, the court ordered him released from Atascadero State Hospital. Less than two months later, he violated his parole conditions by attempting to contact young children. The court ordered him to serve additional prison time.

In August of 2001, the BPT determined that Starr met the MDO criteria. He filed a superior court petition to…

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