Flint

People v. Flint

Good Law
22 Cal. App. 5th 983·231 Cal. Rptr. 3d 910
Court of Appeal of CaliforniaApril 30, 2018A144631California10,317 words

Opinion

lead Opinion

Schulman, J.

*987 Scott D. Flint was committed to the custody of the California Department of State Hospitals (DSH) for an indeterminate term, after a jury found he was a sexually violent predator (SVP) under the Sexually Violent Predators Act ( Welf. & Inst. Code, 1 § 6600 et seq. ) (SVPA or the Act). Flint appeals, contending: (1) he was deprived of his right to equal protection when he was compelled to testify in the People's case-in-chief, because a person found not guilty of crimes by reason of insanity (NGI) may not be compelled to testify at hearings to extend his or her commitment; (2) the trial court prejudicially erred by allowing the People's expert witness to testify about case-specific facts based on inadmissible hearsay prohibited by People v. Sanchez (2016) 63 Cal.4th 665 , 204 Cal.Rptr.3d 102 , 374 P.3d 320 ( Sanchez ); and (3) the cumulative error violated his due process rights and deprived him of a fair trial, requiring reversal. Although we reject Flint's second and third arguments for reversal, we shall remand the matter to the trial court to afford the People the opportunity to justify the differential treatment of SVP's and NGI's as to whether they may be called as…

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