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People v. Hydrick

California Court of Appeals, Second District, Sixth Division

July 21, 2016

THE PEOPLE, Plaintiff and Respondent,
v.
JAMES ALLEN HYDRICK, Defendant and Appellant.

         CERTIFIED FOR PARTIAL PUBLICATION[*]

         Superior Court of San Luis Obispo County, No. F423616 Jacquelyn H. Duffy, Judge

          Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant.

          Kamala 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.

         The Welfare and Institutions Code provides procedures the state must follow before a prisoner may be committed as a sexually violent predator (SVP). [1] 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.

         We conclude that “a full evaluation” includes the prosecuting attorney’s decision to file a petition.

         A jury found James Allen Hydrick to be an SVP. (§ 6600 et seq.) We affirm.

         FACTS

         Hydrick was convicted of various sexual offenses.

         [[Because Hydrick does not challenge the sufficiency of the evidence, only a brief synopsis of the facts is necessary.

         Qualifying Offenses

         Hydrick 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 hearing.

         In 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 hearing.

         Expert Testimony

         Psychologist George Grosso testified as an expert. Since 2004, he has conducted about 1, 000 SVP evaluations.

         Grosso 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.

         Grosso 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.

         Finally, 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.

         Psychologist 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 ...


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