People v. Cardoza CA2/6

Filed 1/4/16 P. v. Cardoza CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B259789 (Super. Ct. No. F464196001) Plaintiff and Respondent, (San Luis Obispo County)

v.

ROBERT BARRIENTOS CARDOZA,

Defendant and Appellant.

Robert Barrientos Cardoza appeals an order and judgment determining him to be a sexually violent predator ("SVP") and committing him to the Department of State Hospitals for treatment. (Welf. & Inst. Code, § 6600 et seq.) We affirm. FACTUAL AND PROCEDURAL HISTORY On August 24, 2011, the San Luis Obispo County prosecutor filed a petition to commit Cardoza as a SVP pursuant to Welfare and Institutions Code section 6600 et seq. A jury trial followed, during which prosecution and defense expert witnesses testified regarding application of statutory SVP criteria. Prosecution Expert Witnesses Doctor Mark Patterson, a clinical psychologist in private practice, reviewed Cardoza's hospital and prison records, evaluations by other doctors, and court documents relating to Cardoza's arrests and convictions. He also interviewed Cardoza. Following his review of the court and hospital records, Patterson concluded that Cardoza was convicted

of two qualifying sexual offenses: a 1978 attempted forcible rape and a 1980 forcible rape and forcible oral copulation that involved use of a knife. Patterson briefly described the factual circumstances of the sexual offenses and also described sexual and other offenses committed by Cardoza during his incarceration. Patterson opined that Cardoza suffers from "sexual preoccupation, . . . poor impulse control . . . and [has] obviously not learned from experience." Patterson also opined that Cardoza suffers from chronic paraphilic disorder, characterized by his commission of violent sexual offenses. Patterson opined that Cardoza also suffers from exhibitionism, frotteurism, antisocial personality disorder, and substance abuse. In Patterson's opinion, substance abuse contributes to Cardoza's dangerousness and risk of reoffending, and the antisocial personality disorder results in Cardoza's impaired empathy and persistent criminality. Patterson administered various tests to Cardoza to determine his likelihood of committing sexually violent crimes. The test results suggested a moderate risk to a very high risk of reoffending. Patterson considered Cardoza's test results, poor impulse control, lack of treatment, lack of insight into his disorder, and psychopathic personality traits to conclude that he presents a substantial risk of sexually violent predatory behavior. Doctor Garrett Essres, a forensic psychologist employed by the Department of State Hospitals, reviewed Cardoza's hospital, court, and prison records and interviewed him twice. Essres concluded that Cardoza was convicted of two sexually violent qualifying offenses and that he suffers from paraphilic disorder, substance abuse disorder, and antisocial personality disorder. Essres rested his opinion upon Cardoza's criminal history and his sexual behavior while housed at the state hospital. Essres also opined that Cardoza was likely to reoffend in a sexually violent predatory manner, based in part upon his past behavior, denial of a mental disorder, and disinterest in treatment. In a written report, Essres concluded that Cardoza was "intensely sexually driven." Doctor Amy Phenix, a forensic psychologist who developed the state protocol for evaluation of violent sex offenders, testified that paraphilia is a valid diagnosis in evaluating a violent sex offender. She explained that paraphilia is a chronic and