Lutes

Tesla Edward Lutes was convicted by plea of sodomy (Pen. Code, § 286, subd. (b)(1); count I), two counts of oral copulation (Pen. Code, § 288a, subd. (b)(1); counts II and III) and two counts of furnishing marijuana to a minor (Health & Saf. Code, § 11361, counts IV and V). He was found to be a mentally disordered sex offender (MDSO) and committed to Atascadero State Hospital but was returned thereafter as not being amenable to treatment. He was sentenced to state prison for the middle four-year term on the furnish ing marijuana conviction in count IV and a consecutive eight-month term on the sodomy conviction in count l. Sentences on the remaining counts were stayed. He appeals contending: “I. The court erred in failing to state the reasons for the prison sentence and making insufficient reference to the probation report or the hospital record. II. The court failed to state its reasons for imposition of consecutive sentences.”

At the outset, we must observe that appellant’s factual observations are correct and respondent does not suggest that the trial court articulated any reason whatsoever for the sentence choices here made. (People v. Rosalez (1979) 89 Cal.App.3d…