Server

Victor Server challenges the propriety of his sentencing after he was referred back to court from Patton State Hospital where he had been committed as a mentally disordered sex offender (MDSO) following his conviction of several sex offenses. He contends he was de nied due process in that the probation officer acted as an arm of the district attorney’s office in changing the recommendation from concurrent to consecutive sentencing and, alternatively, the court’s 1977 determination of a seven-year maximum term of confinement cannot be fairly changed several years later because a defendant has a right to know the maximum term within a reasonable time of his original commitment. For the reasons which follow, we conclude these contentions to be meritless and, accordingly, affirm the judgment.

Factual and Procedural Background

Server and his wife were tried and found guilty by the court in October 1977 of rape by threat of great bodily injury (Pen. Code, §§ 261, subd. 3, 264.1), forcible oral copulation (§ 288a, subd. (d)) and attempted sodomy (§§ 664 and 286), all committed in concert. Sentencing was originally calendered for November 3, 1977. The probation officer’s report…