Helton

We here consider whether a defendant convicted and sentenced to prison is eligible in a later case for civil commitment as a mentally disordered sex offender (hereinafter MDSO) while the sentence on the first conviction is still being served. We conclude that such a defendant, as a matter of law, is ineligible for commitment as an MDSO.

Appellant (hereinafter Helton) was convicted in Orange County in April 1977 (robbery with great bodily injury, oral copulation by force and attempted robbeiy) and sentenced to prison where he received treatment of some nature at the California Medical Facility at Vacaville. The record does not disclose whether an application to be considered an MDSO was made in the Orange County case. In August 1977 Helton pled guilty to the crimes of kidnaping (counts I and IV), first degree robbery (count II), first degree armed robbery with use of a firearm (count V), oral copulation (count III), temporary use of an automobile (count VI), assault with intent to commit rape (count VII), and burglary (count VIII). Counts I, V and VII were to run consecutively and consecutively to the prior sentence the defendant was serving on the Orange County…