Ginese

A complaint charged defendant Joseph John Ginese with 11 counts of molesting children under 14 years of age (Pen. Code, § 288), four counts of sodomy with children under 14 years old and more than 10 years younger than he (Pen. Code, § 286, subd. (c)) and three counts of oral copulation with children under 14 years old and more than 10 years younger than he (Pen. Code, § 288a, subd. (c)). On May 1, 1979, by a plea bargain in municipal court, Ginese pleaded guilty to two counts of molesting boys aged 9 and 11.

Mentally disordered sex offender (MDSO) proceedings were undertaken and on June 11, 1979, the superior court committed Ginese to Patton State Hospital as an MDSO. On February 15, 1980, the hospital’s medical director certified Ginese back to superior court as not amenable to further treatment and still a danger to the health and safety of others (former Welf. & Inst. Code, § 6325; Stats. 1978, ch. 1291; see § 6325 as amended by Stats. 1980, ch. 547). Ginese was examined by psychiatrists who recommended his “[rjeturn to Court, not amenable for further treatment.” On March 31, 1980, the superior court found Ginese is still an MDSO not amenable to further treatment and…