Green
People v. Green
Opinion
Opinion
Certified for Partial Publication. [*]
POCHÉ, J.
Appellant, Glen Foster Green, appeals from a sustained petition and a commitment to Atascadero State Hospital entered after a jury found him to be a sexually violent predator (SVP) within the meaning of California's Sexually Violent Predators Act (Welf. & Inst.Code, § 6600 et seq.). [1]
A petition was filed October 6, 1997, seeking to have appellant declared a SVP. On November 14, 1997, the court conducted a hearing and after reviewing the petition and the reports of two mental health professionals found there was probable cause that appellant was a person coming within the provisions of section 6600. On the basis of the opinion in In re Parker (1998) 60 Cal.App.4th 1453, 1469-1470 , 71 Cal.Rptr.2d 167 (due process requires potential SVP be given opportunity at probable cause hearing to be fully heard, to cross-examine state's witnesses and to call own witnesses), appellant sought and received a second probable cause hearing which was conducted in July 1998. At that hearing after the People presented their documentary evidence, counsel for appellant called and examined at considerable length the two mental health experts, Drs.…