People v. Carrell CA4/1

STATEMENT OF FACTS

Since Carrell does not challenge the sufficiency of the evidence, and does not

actually challenge the admissibility of any evidence, except for his argument that juries

should not be allowed to hear the actual term that is the basis of the commitment, we will

All further statutory references are to the Welfare and Institutions Code unless otherwise specified. 2 adopt the respondent's brief summary of the facts as to the prosecution's case. We will

separately summarize the defense case.

Prosecution Case

At the start of trial, the parties stipulated that appellant had three prior convictions.

In 1972, appellant was convicted of attempted rape and was sentenced to five years in

prison. In 1987, he was convicted of rape by force and sentenced to 10 years in prison.

In 1994, he was convicted of assault with intent to commit rape and was sentenced to

years in prison. In 2004, appellant was charged with forced oral copulation and forcible

rape. He was convicted of assault with a deadly weapon and sentenced to 10 years in

prison.

Dr. Harry Goldberg and Dr. Mark Wolkenhauer testified as expert psychologists

for the prosecution. In…