Wilson

Defendant was charged in count I of the information with assault with intent to commit murder (Pen. Code, § 217), in count II with assault with a deadly weapon (Pen. Code, § 245), in count III with sodomy (Pen. Code, § 286), in count IV with child molesting (Pen. Code, § 288), and in count V with false imprisonment. (Pen. Code, § 236). Two prior felony convictions were alleged. Pursuant to a plea bargain (Pen. Code, § 1192.5), defendant withdrew a not guilty plea, pleaded guilty to count IV, and admitted the second alleged prior conviction. After a hearing at which psychiatric testimony was received, the court found that no unusual circumstances existed wherein the interests of justice demanded that probation be granted and ruled that defendant was ineligible for probation. (Pen. Code, § 1203, subds. (d)(2), (e)(5).) A motion to strike the admitted prior conviction was denied. Defendant was sentenced to state prison, the sentence to run concurrently with that on any prior conviction. Defendant appeals from the judgment. The appeal reaches only post-plea issues; the validity of the guilty plea is not challenged.

Defendant sought to have the trial court institute mentally…