Dodd
People v. Dodd
Opinion
Opinion
Perren, J.
Shawn Dodd appeals from the order committing him to the Department of Mental Health (DMH) for treatment as a mentally disordered offender (MDO). (Pen. Code, § 2960 et seq.) He contends that there was insufficient evidence that he suffered from the severe mental disorder of pedophilia. We agree and reverse.
FACTS
In 1998, Dodd was convicted of committing a lewd and lascivious act with a child under the age of 14 and sentenced to state prison. (§ 288, subd. (a).) He filed a petition challenging the August 2004 determination by the Board of Prison Terms (BPT) that he qualified as an MDO.
Dodd’s treating psychiatrist William Lykes testified at trial, and written reports by psychologists Gilbert Foss, Philip Trompetter, Amy Phenix, Dawn Starr, Charles Taylor, and Robert E. Record were considered by the trial court. Psychiatrist Hannah MacGregor testified as a witness for Dodd.
Doctors Lykes, Foss, Starr, and Record all concluded that Dodd satisfied all statutory criteria for commitment as an MDO. They opined that Dodd suffered from the severe mental disorder of pedophilia, pedophilia was a cause or aggravating factor in the molestation offense, he was not in remission, he…