APPEAL from a judgment (order of commitment) of the Superior Court of Shasta County, Steven E. Jahr, Judge. Affirmed. (Super. Ct. Nos. 95F7001, 93F3391).
The opinion of the court was delivered by: Raye, J.
CERTIFIED FOR PARTIAL PUBLICATION*fn1
Defendant Glenn Arthur Johndrow appeals from an order of the Shasta County Superior Court committing him to the Department of Mental Health (DMH) for an indeterminate term following a jury's finding that he is a sexually violent predator (SVP). He contends that (1) he had a due process right to testify over his counsel's objection and (2) recent amendments to the Sexually Violent Predator Act (SVPA; Welf. & Inst. Code, § 6600 et seq.) permitting indeterminate commitments are unconstitutional.*fn2 We shall affirm the order of commitment.
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 defendant was convicted of sodomy with an incompetent person. Defendant forced a 22-year-old developmentally disabled male onto a bed and "forcibly penetrated his anus with [defendant's] penis" and threatened to send the "Hell's Angels" after the victim if he told anyone what had happened. Defendant admitted the sodomy as well as fondling and orally copulating the victim's penis, but claimed that the acts were consensual and the comment about the Hell's Angels was a joke.
In 1995 defendant was convicted of lewd conduct with a child under 14 years of age. Defendant admitted twice fondling the penis of, and was caught kissing, the five-year-old son of a woman who was living with defendant and defendant's wife.
In addition to the above SVP qualifying offenses, defendant also committed several other sexual offenses and had two misdemeanor convictions for sexual misconduct. In 1980 defendant was convicted of lewd conduct with a child after having an eight- or nine-year-old boy orally copulate him while he orally copulated a seven-year-old girl as she squatted on his face.
In 1994 defendant was convicted of misdemeanor sexual battery. He admitted that he repeatedly propositioned a woman at a bus stop, followed her into a public bathroom when she tried to get away from him, put his hand inside her pants, and fondled her vagina. Defendant told Dr. Davis that he was "quite intoxicated" and "out of control" when this happened.
In 2003 defendant was found in violation of parole for putting his finger into the anus of a 21-year-old autistic man, conduct that defendant said he liked doing.
Defendant believed that sex with a child was "okay" if he perceived the child as consenting. Defendant admitted to having as many as 24 victims, half of whom were children.
Dr. Davis diagnosed defendant as being mildly mentally retarded and having two sexual mental disorders, each of which is incurable but subject to management. One is pedophilia, nonexclusive type, which means that the person is 16 years of age or older and has had and acted upon recurrent and intense sexually arousing fantasies involving prepubescent children, generally 13 years of age or younger, over a period of at least six months. The other is paraphilia, not otherwise specified, non-consenting partners, meaning he is sexually aroused by "someone who doesn't want the sexual contact."
Dr. Davis administered the Static 99 and MNSOST-R tests to determine defendant's propensity for reoffending. From these he concluded that defendant was a high risk to commit another sexually violent offense if released. In sum, Dr. Davis opined that ...