Sherman

In 1979, Allen Kent Sherman (appellant) was convicted of violating section 288 of the Penal Code (child molestation). After he was found to be a mentally disordered sex offender (MDSO) pursuant to Welfare and Institutions Code section 6300, he was committed to the Department of Mental Health for a maximum of five years.

Before his term expired, the People filed a petition in the superior court to extend appellant’s commitment pursuant to section 6316.2. The petition was sustained and appellant’s term of hospitalization was extended two years.

Contrary to appellant’s contentions, we hold that extension of his commitment is not cruel and unusual punishment and is not a denial of equal protection.

Trial Court Proceedings

In several proceedings below, culminating in a nonjury hearing in which the petition for extended commitment was granted, the following testimony was elicited:

Dr. Kaushal Sharma, a medical doctor and expert in psychiatry, narrated that based on his examination of the appellant, “. . . there is no treatment program I know of which would reasonably change his sexual orientation. [Hjis sexual orientation is not going to be significantly—respond to any…