California Court of Appeals, Second District, Sixth Division
FOR PARTIAL PUBLICATION[*]
Court of San Luis Obispo County, No. F423616 Jacquelyn H.
Kraft, under appointment by the Court of Appeal, for
Defendant and Appellant.
D. Harris, Attorney General of California, Gerald A. Engler,
Chief Assistant Attorney General, Lance E. Winters, Senior
Assistant Attorney General, Steven D. Matthews, Supervising
Deputy Attorney General, and Blythe J. Leszkay, Deputy
Attorney General, for Plaintiff and Respondent.
GILBERT, P. J.
Welfare and Institutions Code provides procedures the state
must follow before a prisoner may be committed as a sexually
violent predator (SVP).  For “good cause” a
prisoner may be held beyond the prisoner’s release date
for 45 days to complete a full evaluation to determine
whether the prisoner qualifies as an SVP.
conclude that “a full evaluation” includes the
prosecuting attorney’s decision to file a petition.
found James Allen Hydrick to be an SVP. (§ 6600 et seq.)
was convicted of various sexual offenses.
Hydrick does not challenge the sufficiency of the evidence,
only a brief synopsis of the facts is necessary.
was 19 years old in 1977. He was in a van with three other
men. They saw 25-year-old Mark S. Mark S. was out of gas and
trying to flag down a ride to a gas station. The men forced
Mark S. into the van, blindfolded him, cut off his clothes
and tied his hands behind his back. While one of the men
drove the van, two others put their penises in his mouth.
Someone tried to penetrate his anus with a glass object. They
went to Mark S.’s apartment and burglarized it. After
the men drove around for an hour, they threw Mark S. out of
the van. Hydrick was convicted of, among other offenses, oral
copulation in concert with force. Mark S. testified at this
1988, Hydrick was convicted of multiple counts of molesting
six boys. One of the boys was 15 years old at the time he was
molested, the rest were between 11 and 13 years old. A boy is
considered prepubescent if he is 13 years old or younger.
Hydrick used martial arts and magic tricks to ingratiate
himself with the boys. The six victims testified at the
George Grosso testified as an expert. Since 2004, he has
conducted about 1, 000 SVP evaluations.
testified Hydrick met the criteria for an SVP. The 1997
kidnapping and forced oral copulation were qualifying
offenses. In addition, he testified the molestations of six
prepubescent boys were qualifying offenses. Hydrick showed
predatory behavior by grooming the victims with martial arts
and magic tricks.
diagnosed Hydrick with pedophilic disorder. When a person has
sexual fantasies or urges about prepubescent children, it is
called pedophilia. When a person acts on the fantasies or
disorders, it is called pedophilic disorder. Pedophilic
disorder is a life-long condition that can wax and wane with
life stressors. Hydrick also suffers from psychopathy. Such
persons are impulsive and have little empathy. Psychopathy
makes it difficult to control pedophilic behavior.
Grosso testified Hydrick is likely to reoffend in a sexually
violent manner. Grosso based his opinion on static assessment
tools including the Static 99R and the Static 2002R. Hydrick
scored high on these tests. In addition, Hydrick refused to
fully participate in a sex offender treatment program. He
occasionally took classes but did not follow prescribed
treatments. Hydrick claimed he did not need treatment because
he was not interested in children.
Robert Owen also testified as an expert. Since 1996, he has
done about 1, 200 SVP evaluations. He opined that Hydrick is
an SVP for reasons ...