Martinez

I. Statement of the Case

In September 1997, defendant Richard Michael Martinez pleaded guilty to a charge of failing to register as a sex offender and was placed on probation. In April 1998, defendant admitted violating the terms of probation by again failing to register. The court revoked probation and executed the previously imposed two-year sentence. In March 1999, the Monterey County District Attorney filed a petition under Welfare and Institutions Code section 6600— known as the Sexually Violent Predators Act (SVPA)—to have defendant declared a sexually violent predator (SVP) and committed for two years. In February 2000, after a nonjury trial, the court sustained the petition and committed defendant to the Department of Mental Health for a period of two years in a secure facility.

Defendant appeals from the order of commitment. He claims that the use of and testimony concerning the records of psychiatric treatment and evaluation violated his right to privacy under the California Constitution and the patient-psychotherapist privilege. He also claims the court erred in admitting hearsay evidence concerning prior acts of misconduct.

We sustain the order of…