Townsend

Defendant was charged by information with assault by means of force likely to produce great bodily injury. (Pen. Code, § 245.) He pleaded not guilty. Two physicians were appointed to represent defendant pursuant to section 730 of the Evidence Code. A jury found him guilty as charged. Criminal proceedings were adjourned pending proceedings under section 6300 et seq. of the Welfare and Institutions Code. The section 6300 matter was submitted on the reports of three examining physicians. All of the reports indicated that defendant was a mentally disordered sex offender. The court found defendant to be a probable mentally disordered sex offender. Defendant was ordered committed to Atascadero State Hospital for an indeterminate period. Criminal proceedings were suspended during the term of defendant’s commitment, to be resumed upon his release. He appeals from the judgment (order of commitment). Since this matter came on calendar we have been advised by the Attorney General that “[fjollowing [his] . . . commitment ... as a mentally disordered sex offender . . . [defendant] was returned to the superior court for further proceedings under Welfare and Institutions Code sections…