People v. Cressler CA2/6

Good Law
Court of Appeal of CaliforniaJune 21, 2016B268590California504 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

On April 28, 2000, Cressler was convicted of the forcible rape of D.C. and the oral copulation of minor S.O. (Pen. Code, §§ 261, subd. (a)(2), 288a, subd. (b)(1).) The trial court sentenced Cressler to a prison term of seven years four months. (People v. Cressler (Super. Ct. Ventura County, 2000, No. CR48162).) On January 7, 2007, the Ventura County prosecutor sought to commit Cressler as a SVP pursuant to section 6600 et seq. On October 7, 2008, the trial court held a probable cause hearing and thereafter ordered Cressler to be held in Coalinga State Hospital pending trial. On November 16 and 17, 2015, the trial court conducted SVP proceedings after Cressler personally waived a jury trial. Psychologists Kathleen Longwell and Bruce Yanofsky testified at trial, as did Cressler. Longwell testified that she interviewed Cressler seven times over a course of 10 years. She opined that Cressler suffers from paraphilia and that he meets the requirements of the SVP law. In particular, Longwell opined that Cressler lacks impulse control and, for that reason, might commit another sexually violent offense. Yanofsky testified that he interviewed Cressler five…

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