P.

FACTS

Dr. Jeffrey Davis, a psychologist who conducted SVP evaluations for DMH and the only witness at defendant‟s trial, testified that on May 25, 2006, he interviewed defendant to determine whether defendant was an SVP. Prior to the interview, Dr. Davis reviewed materials prepared by the probation department, DMH, and the Department of Corrections as well as progress reports prepared by various medical staff, technicians, and the manager of the conditional release program. Dr. Davis also reviewed defendant‟s three prior sex-related convictions that qualified as predatory sex offenses. These were as follows. In 1986 defendant was convicted of lewd conduct with a child under 14 years of age. Defendant “volunteered” to take a developmentally disabled 12-year-old boy who was attending the Special Olympics to the bathroom. Once in the bathroom, defendant fondled and orally copulated the boy. Defendant admitted the conduct and stated that prior to taking the boy into the bathroom he had been thinking of finding a child and having sex as soon as the situation presented itself. Defendant said that he enjoyed what he had done and that “he sucks penises every chance he gets.” In 1994…