P. v. SISNEROZ
P. v. SISNEROZ
02:10:2006
P. v. SISNEROZ
Filed 1/26/06 P. v. Sisneroz CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
FRANK SISNEROZ,
Defendant and Appellant.
F045753
(Super. Ct. No. 29525)
OPINION
APPEAL from a judgment of the Superior Court of Tulare County. William Silveira, Jr., Judge.
Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Charles A. French and Julie A. Hokans, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Defendant appeals from a judgment recommitting him to a state mental hospital pursuant to the Sexually Violent Predator Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.)[1] He contends that (1) the court erred in consolidating for trial two recommitment petitions filed by the People, and (2) the court violated Crawford v. Washington (2004) 541 U. S. 36 by admitting hearsay evidence of defendant's qualifying convictions under the SVPA. We disagree with defendant's contentions and affirm the judgment.
FACTUAL AND PROCEDURAL HISTORIES
Defendant pled guilty in 1985 to oral copulation by force. He pled no contest in 1991 to committing a lewd and lascivious act on a child under the age of 14 and rape with a foreign object.
On February 2, 1998, defendant was adjudicated a sexually violent predator (SVP) and committed to Atascadero State Hospital for two years. Defendant's original commitment was extended to February 2, 2002.
On December 4, 2001, the People filed a recommitment petition seeking to extend defendant's commitment until February 2, 2004. The court found probable cause to sustain the petition and set the matter for trial on December 4, 2002. There were multiple continuances of the trial date and the matter was eventually set for trial on September 15, 2003.
On August 29, 2003, while trial on the first petition was pending, the People filed a second recommitment petition, seeking to extend defendant's commitment until February 2, 2006.
On September 15, 2003, trial on the first petition was trailed to September 17, 2003. During the proceedings on September 17, defense counsel informed the court that defendant was â€
02:10:2006
Filed 1/26/06 P. v. Sisneroz CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
FRANK SISNEROZ,
Defendant and Appellant.
F045753
(Super. Ct. No. 29525)
OPINION
APPEAL from a judgment of the Superior Court of Tulare County. William Silveira, Jr., Judge.
Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Charles A. French and Julie A. Hokans, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Defendant appeals from a judgment recommitting him to a state mental hospital pursuant to the Sexually Violent Predator Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.)[1] He contends that (1) the court erred in consolidating for trial two recommitment petitions filed by the People, and (2) the court violated Crawford v. Washington (2004) 541 U. S. 36 by admitting hearsay evidence of defendant's qualifying convictions under the SVPA. We disagree with defendant's contentions and affirm the judgment.
FACTUAL AND PROCEDURAL HISTORIES
Defendant pled guilty in 1985 to oral copulation by force. He pled no contest in 1991 to committing a lewd and lascivious act on a child under the age of 14 and rape with a foreign object.
On February 2, 1998, defendant was adjudicated a sexually violent predator (SVP) and committed to Atascadero State Hospital for two years. Defendant's original commitment was extended to February 2, 2002.
On December 4, 2001, the People filed a recommitment petition seeking to extend defendant's commitment until February 2, 2004. The court found probable cause to sustain the petition and set the matter for trial on December 4, 2002. There were multiple continuances of the trial date and the matter was eventually set for trial on September 15, 2003.
On August 29, 2003, while trial on the first petition was pending, the People filed a second recommitment petition, seeking to extend defendant's commitment until February 2, 2006.
On September 15, 2003, trial on the first petition was trailed to September 17, 2003. During the proceedings on September 17, defense counsel informed the court that defendant was â€
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