People v. Superior Court

*140 Opinion

I. Introduction

After the probable cause hearing, respondent court dismissed the People’s petition for civil commitment of real party in interest Jerry Howard (hereafter, Howard) as a sexually violent offender under the Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq.). 1 The court ruled that due process would be violated if the victim hearsay statements contained in the probation reports were admitted to prove that Howard had committed two or more sexually violent offenses, and that the admissible evidence contained in Howard’s records of prior convictions was insufficient proof. The People seek review of the dismissal order by way of a petition for writ of mandate.

We agree with the People that the Sexually Violent Predators Act expressly allows the People to prove that a defendant has committed sexually violent offenses through hearsay evidence, including victim hearsay statements contained in probation reports. We also agree that the admission of such hearsay evidence at the probable cause hearing does not violate due process, because the defendant has the opportunity to challenge the evidence. We therefore grant the People’s petition for writ…