Shazier

People v. Shazier

Good Law
175 Cal. Rptr. 3d 774·2014 Cal. LEXIS 5747·60 Cal. 4th 109·2014 WL 4056548·331 P.3d 147
Supreme Court of CaliforniaAugust 18, 2014S208398California17,634 words

Opinion

Opinion

Baxter, J.

We granted the People’s petition for review after the Court of Appeal overturned, for the second time, a jury’s finding that defendant Dariel Shazier must be committed for secure confinement and treatment as a sexually violent predator (SVP) under the sexually violent predators act (SVPA; Welf. & Inst. Code, § 6600 et seq.). As the instant jury heard, defendant has served two separate prison terms for sex crimes, some forcible, against 13- to 17-year-old boys. Each time he was released on parole from the first sentence, with prohibitions against contact with minors, he soon violated those conditions and committed new offenses against members of the same target group. These acts resulted in several revocations of parole and, ultimately, in new convictions and imprisonment.

The instant jury also heard two expert witnesses opine defendant has a diagnosed mental disorder that impairs his volitional or emotional control and poses a danger to the health and safety of others by making it likely he will commit new predatory violent sex offenses unless securely confined and treated. A defense expert disagreed, asserting that defendant’s persistent sexual misconduct against…

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