Evenson

People v. Evenson

Good Law
103 Cal. App. 3d 659·163 Cal. Rptr. 210·1980 Cal. App. LEXIS 1614
Court of Appeal of CaliforniaMarch 24, 1980Crim. No. 19040California1,804 words

Opinion

Lead Opinion

*661 Opinion

William Joseph Evenson appeals from an order committing him to the State Department of Health for placement at a state hospital as a mentally disordered sex offender (Welf. & Inst. Code, § 6300 et seq.). He contends that because the evidence showed that he was “being treated by prayer in the practice of the religion of [a] well-recognized church" (Welf. & Inst. Code, § 6300.1) the commitment was improper. We affirm.

Appellant pleaded guilty to rape by force (Pen. Code, § 261, subd. 2). According to the probation report appellant threw a large stick at a bicycle on which the victim was riding, causing her to fall, and then dragged her off the road into some bushes, pushed her to the ground, and raped her. He then helped her put her pants back on, told her he was sorry, and left the area. The probation report also reflected that approximately a year before the rape appellant had grabbed a teenaged girl who was walking along a street, had pulled her to the side of the street, but then had fled “because he was scared and he realized what he was doing.” Appellant also admitted a few instances of abberrant sexual activity with animals.

According to the probation report,…

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