People v. Otto

Summary

The California Supreme Court held that Welfare and Institutions Code section 6600, subdivision (a)(3), permits the admission of multiple-level hearsay contained in documentary records, including probation and sentencing reports, to establish the details of predicate offenses in sexually violent predator commitment proceedings. The court further held that reliance on the hearsay did not violate due process because the statements possessed sufficient indicia of reliability.

Holdings

1. Welfare and Institutions Code section 6600, subdivision (a)(3), authorizes the admission of multiple-level hearsay contained in probation and sentencing reports and other specified documentary evidence to prove the details underlying an offense that led to a prior conviction in an SVP proceeding, even when the statements do not independently satisfy a traditional hearsay exception.
2. Admission and reliance on the victim hearsay statements in this case did not violate due process because the statements possessed sufficient indicia of reliability and Otto had other procedural protections, including the opportunity to present expert evidence and cross-examine prosecution witnesses.
3. Reliance on the hearsay statements did not deny Otto a constitutional confrontation right or impermissibly shift the People's burden of proof.

Questions Presented

1. Whether Welfare and Institutions Code section 6600, subdivision (a)(3), authorizes admission of multiple-level hearsay contained in probation and sentencing reports to prove the details underlying a prior conviction in an SVP proceeding, even when the hearsay does not independently fall within a traditional hearsay exception.
2. Whether admission and reliance on the victim hearsay statements violated Otto's due process rights, including any due process-based right to confrontation or requirement that the commitment finding rest on reliable evidence.

Disposition

affirmed