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Name: People v. Ferenz (2024) 99 Cal.App.5th 1032
Case #: H049430
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/26/2024
Subsequent History: ordered published 2/21/2024
Summary

Police reports, district attorney investigative reports, interview transcripts, preliminary hearing transcripts, and prior conviction records were properly attached to prosecutor’s statement of view pursuant to Penal Code section 1203.01. Defendant pleaded no contest to rape of an unconscious person, forcible rape, and dissuading a witness and was sentenced to state prison. Prior to sentencing, the prosecutor submitted a statement of view, which included the above-refenced attachments, noting the materials could be relevant to assess defendant for possible treatment as a sexually violent predator (SVP). On appeal, defendant argued the attachments impermissibly went beyond the scope of the crimes committed, contained hearsay, and violated his rights to trial, confrontation, and due process. Held: Affirmed on this point. Section 1203.01(a) permits the filing of a statement of views “respecting the defendant and the crime of which they were convicted.” The Court of Appeal concluded that nothing in the statute precluded the prosecutor from attaching reports, transcripts, or other documents, and the trial court had the inherent authority to augment the record with material pertaining to the defendant and his offense for transmission to CDCR. Further, the trial court did not err in declining to strike or remove the challenged materials, as they supported views “respecting the defendant” and were relevant to a future SVP evaluation. Defendant’s hearsay, confrontation, and due process claims were premature, but the court noted that defendant would not be precluded from challenging the admissibility of such materials in a future proceeding should the materials actually be used. [Editor’s Note: The Court of Appeal also held that the trial court had properly denied defendant’s Marsden motion and that the criminal justice administration fee must be stricken.]