Kirk

This is an appeal from a judgment, following a jury trial, committing appellant to Atascadero State Hospital as a mentally disordered sex offender.

I

Appellant contends that the preponderance of evidence standard of proof in mentally disordered sex offender proceedings and the lack of a requirement for a unanimous verdict is an unconstitutional denial of appellant’s Sixth and Fourteenth Amendment rights under the United States Constitution, and article I, section 7 of the California Constitution.

The identical questions raised by appellant on this appeal were recently adjudicated (May 15, 1975) in a series of Supreme Court cases, People v. Burnick, 14 Cal.3d 306 [ 121 Cal.Rptr. 488 , 535 P.2d 352 ], People v. Feagley, 14 Cal.3d 338 [ 121 Cal.Rptr. 509 , 535 P.2d 373 ], and People v. Bonneville, 14 Cal.3d 384 [ 121 Cal.Rptr. 540 , 535 P.2d 404 ], In Burnick , at page 310, the court held: “As we shall explain, we reject the asserted right of the state to publicly brand a man as a mentally disordered sex offender and lock him up for an indeterminate period in a maximum security mental hospital on a mere preponderance of the evidence, i.e., ‘under the same standard of…