Allen

This is an appeal from a judgment of commitment of Jimmie Duane Allen to the Atascadero State Hospital, entered upon a jury verdict finding the appellant to be a mentally disordered sex offender (hereinafter referred to as “M.D.S.O.”) pursuant to the provisions of Welfare and Institutions Code sections 6300 and 6321.

The nucleus of the appeal is whether the trial court committed prejudicial error in permitting the jury to consider appellant’s possible medical-psychiatric treatment and benefits that may flow therefrom in their deliberations on the issue of whether he was or was not an M.D.S.O. The question is one of first impression. We have concluded that it was serious error which, under the circumstances, requires reversal.

Appellant pleaded guilty in the municipal court to contributing to the delinquency of. a minor in violation of Penal Code section 272, a misdemeanor. Proceedings were adjourned and the cause was certified to the superior court for mentally disordered sex offender proceedings pursuant to division VI, part II, chapter 2, sections 6300 through 6330 of the Welfare and Institutions Code.

After appropriate proceedings, the judge found appellant to be an…