Therrian
People v. Therrian
Opinion
Opinion
Blease, J.
Defendant Michael Therrian appeals from an order of recommitment entered after a jury determined he remains a sexually violent predator under the Sexually Violent Predator Act (Welf. & Inst. Code, § 6600 et. seq. (SVPA)).
In the published portion of this opinion, we conclude that when an expert’s opinion regarding the likelihood of defendant reoffending is not based solely upon the results of a Static-99 test (which assigns a risk assessment of reoffending), a Kelly hearing on the admissibility of expert’s testimony regarding the test is not required.
In the unpublished parts of our opinion, we reject defendant’s contention the SVPA violates the state and federal constitutional proscriptions against cruel and unusual punishment.
Accordingly, we affirm the order of recommitment.
BACKGROUND
In 1988, defendant was charged with 14 counts of lewd acts upon a child, ages 10 to 13, in Lake County (Pen. Code, § 288, subd. (a)). He pled guilty to counts II through IV and was sentenced to 10 years in prison. Defendant admitted touching the victim in count II over the boy’s clothing while babysitting him in 1987 after the boy had expressed an interest in pornography. Counts III…