Barnes

Defendant Richard Barnes was convicted of involuntaiy manslaughter (Pen. Code, § 192, subd. 2). He was examined psychiatrically, was declared not to be a mentally disordered sex offender (MDSO), sentence was suspended and he received probation. Two years later, Barnes was booked for kidnaping (Pen. Code, § 207) and the charges were dismissed when the victim could not be found; probation was revoked, criminal proceedings were adjourned on August 26, 1977; he was certified to the psychiatric department of the superior court and found to be a MDSO not amenable to treatment (Welf. & Inst. Code, § 6300 et seq.). He claims the superior court erred because he did not commit a sex offense as required by the statutes.

Effective January I, 1977, certification must be based on a conviction of a sex offense, where registration is required under Penal Code section 290, or by clear proof the offense was committed primarily for purposes of sexual arousal or gratification (Welf. & Inst. Code, § 6302).

Here the only conviction Barnes had was for involuntary manslaughter, not an offense requiring registration under section 290. The certification is on an old superior court form when…