People v. Hydrick

Filed 7/21/16

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B256043 (Super. Ct. No. F423616) Plaintiff and Respondent, (San Luis Obispo County)

v.

JAMES ALLEN HYDRICK,

Defendant and Appellant.

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.

* Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for partial publication. The portions of this opinion to be deleted from publication are identified as those portions between double brackets, e.g., [[/]]. 1 All statutory references are to the Welfare and Institutions Code unless otherwise stated.

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