Breaux

Appellant Roger Breaux was convicted on his plea of guilty of violation of Penal Code section 459, second degree burglary, in April of 1976. Imposition of sentence was suspended and appellant was placed on probation for a period of three years. A condition of probation required that appellant undertake and maintain a psychiatric treatment program.

The facts giving rise to the burglary conviction suggest that appellant was a voyeur. Appellant had entered a motel room in the early morning hours, where he was discovered by a male and a female occupant kneeling beside the bed with his head under the covers. Appellant denied entering the motel room to steal and insisted that all he was, was a “peeping tom.”

While still on probation, in September 1978, appellant was held to answer again on a charge of burglary. As a result of this alleged offense, appellant’s probation was revoked and he was sentenced to prison for the term prescribed by law. At a probation revocation hearing, it developed that while on probation appellant had been arrested approximately 11 times for incidents involving peeking in the windows of motels and attempting to obtain entrance. Appellant was also…