People v. Molina CA2/1

Filed 10/29/15 P. v. Molina CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B258859

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. ZM016559) v.

JUAN ANTONIO MOLINA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Susan M. Speer, Judge. Affirmed. Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

Juan Antonio Molina appeals from a judgment recommitting him to a state psychiatric facility as a sexually violent predator (SVP) within the meaning of Welfare and Institutions Code section 6600 et seq. In 1983, while on probation for indecent exposure and exhibiting a deadly weapon, Molina was arrested for two separate and violent sexual assaults. The first assault occurred in October 1983 when Molina attempted to rape and rob a female victim at knife point near a municipal park. The second assault occurred three weeks later in November 1983 when Molina violently and repeatedly raped a female victim in the restroom of that same municipal park; in addition to rape trauma, the second victim received medical treatment for two broken ribs and numerous cuts and bruises. In 1984, Molina pleaded guilty to the two sexual assaults and was sentenced to 14 years in state prison. In 1992, while on parole for his 1983 sexual assaults and on probation for a more recent theft conviction, Molina broke into the home of an elderly woman, threatened her with a knife, beat her, then raped her. In 1993, Molina pleaded guilty and was sentenced to 24 years in prison. Molina was subsequently screened and found to be a SVP and in 2008 was committed to a Coalinga State Hospital. In 2010, the district attorney of Los Angeles County filed a petition seeking to extend Molina’s commitment as a SVP. A probable cause hearing was held on May 11 to 12, 2011. After hearing from two psychologists from the panel approved to conduct SVP evaluations by the agency then known as the Department of Mental Health, the trial court found that there was probable cause that Molina is a “sexually violent predator, meaning a person who has been convicted of a sexually violent offense against one or more victims, and has a diagnosed mental disorder that makes him a danger to the health