People v. Cavner CA2/6

Filed 11/16/20 P. v. Cavner CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B302726 (Super. Ct. No. 2013015755) Plaintiff and Respondent, (Ventura County)

v.

THOMAS CLARENCE CAVNER,

Defendant and Appellant.

Thomas Clarence Cavner appeals from an order recommitting him to a state hospital as a Sexually Violent Predator (SVP). (Welf. & Inst. Code, § 6600 et seq.) He contends the evidence that he posed a serious and well-founded risk of sexually reoffending was insufficient. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Cavner was committed to a state hospital as an SVP in 2001 and 2004. In 2005 and 2007, in anticipation of the expiration of his commitment, the People filed petitions to recommit Cavner as an SVP.

Cavner was 83 years old at the time of trial. The only contested issue was whether he posed a danger to others by being likely to engage in sexually violent criminal behavior. Following a bench trial, the court found that he did, and entered an order recommitting him as an SVP. Cavner had three prior convictions for molesting a child under the age of 14 (Pen. Code, § 288). The first occurred when Cavner was 19 years old and a 10-year-old girl came into the market where he was working. He threatened to have her arrested for theft, took her to a storage room, and touched her private parts. He said he did it to hurt his mother. When he was 30, Cavner sexually molested his seven- year-old adopted daughter on several occasions. He touched her private parts, orally copulated her, had her lick his penis, and rubbed his penis between her legs until he ejaculated. He said he did it to hurt his wife. When Cavner was 56, he lay on a couch behind a seven-year-old girl who was spending the night and touched her buttocks with his penis. The Department of State Hospitals documented at least five other incidents where Cavner sexually molested children between the ages of 4 and 12. His acts included indecent exposure, touching their private parts, attempting to entice girls to enter his car, and biting the crotch of a girl in a swimming pool. At trial, forensic psychologist G. Preston Sims testified for the prosecution. He concluded that Cavner was likely to engage in sexually violent criminal behavior if released. Four psychologists testified for the defense: Dr. Gary Zinik, Dr. Douglas Korpi, Dr. Wesley Maram, and Dr. Michael Musacco.