Burns

People v. Burns

Good Law
128 Cal. App. 4th 794·2005 Cal. App. LEXIS 626·2005 Daily Journal DAR 4583·27 Cal. Rptr. 3d 352·2005 Cal. Daily Op. Serv. 3401
Court of Appeal of CaliforniaApril 21, 2005A106643California3,488 words

Opinion

Opinion

Simons, J.

In the course of proceedings under the Sexually Violent Predators (SVP) Act (Welf. & Inst. Code, § 6600 et seq.), the district attorney moved for an order compelling appellant, Alvin Bums, to submit to updated psychological evaluations by two psychologists pursuant to section 6603, subdivision (c). The trial court granted the order and rejected appellant’s request that his attorney be present at the interviews. At trial, the two psychologists provided opinions that appellant met the statutory definition of an SVP that were, in part, based on the updated evaluations. The jury found that appellant was an SVP and the trial court committed him for two years to the custody of the California Department of Mental Health (DMH). Appellant contends the court erred by denying him the right to the presence of counsel at the psychological interviews and by excluding cmcial defense witnesses at trial. We affirm.

Background

We recite only those facts necessary to frame the issues presented. In 1994, appellant was convicted of lewd and lascivious conduct with a minor, P. M., and sentenced to the California Department of Corrections (CDC). Earlier, he had been convicted of the rape of…

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