PEOPLE v. SUPERIOR COURT (HOWARD)

No. H018530.

82 Cal.Rptr.2d 481 (1999)

70 Cal.App.4th 136

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent; Jerry HOWARD, Real Party in Interest.

Court of Appeals of California, Sixth District.

As Modified March 23, 1999.

Review Denied June 3, 1999.


Attorney(s) appearing for the Case

George W. Kennedy, District Attorney, and Dana Overstreet, Deputy District Attorney, for Petitioner.

No appearance for Respondent.

Jose R. Villarreal, Public Defender, and Stefan Kennedy, Deputy Public Defender, for Real Party in Interest.


COTTLE, P.J.

I. INTRODUCTION

After the probable cause hearing, respondent court dismissed the People's petition for civil commitment of real party in interest Jerry Howard (hereafter, Howard) as a sexually violent offender under the Sexually Violent Predators Act (Welf. & InstCode, § 6600 et seq.).1 The court ruled that due process would be violated if the victim hearsay statements contained in the probation reports...

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