P v. Hoffman

Filed 4/12/21 (unmodified opinion attached) CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B306360 (Super. Ct. No. 2011035385) Plaintiff and Respondent, (Ventura County)

v. ORDER MODIFYING OPINION AND DENYING EARL HOFFMAN, REHEARING [NO CHANGE IN Defendant and Appellant. JUDGMENT]

THE COURT: It is ordered that the opinion filed herein on March 16, 2021, be modified as follows: 1. On page 2, second full paragraph, insert the following sentence at the end of the paragraph: “We are not equipped to decide Hoffman’s arguments regarding his perceived flaws in the Static 99-R test relating to age. These mental health issues should be directed to the mental health community.” There is no change in judgment. Appellant’s petition for rehearing is denied.

____________________________________________________________ GILBERT, P.J. YEGAN, J. TANGEMAN, J.

Filed 3/16/21 (unmodified opinion) CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B306360 (Super. Ct. No. 2011035385) Plaintiff and Respondent, (Ventura County)

v.

EARL HOFFMAN,

Defendant and Appellant.

Old age! As John Steinbeck would say, “bastard Time” is always ticking. (Steinbeck, Sweet Thursday (1954) Penguin Books, p. 19.) And for some people, as it ticks, the person may mature, learn, and grow, and perhaps grow out of sexual deviancy. But there are others who may not mature, learn, and grow, and grow out of sexual deviancy. Here, for example, appellant is a 74-year-old self-admitted child molester, who, in a moment of candor, said that he could not guarantee that he would not molest another child upon release. Appellant was found to be a sexually violent predator (SVP) after trial by the court. (Welf. & Inst. Code, § 6600 et seq.) His sole contention on appeal is that the evidence was, and is, insufficient as a matter of law because, currently, he is just too