Martin

Appellant seeks review of the trial court’s extension of his commitment as a mentally disordered sex offender (MDSO) made pursuant to Welfare and Institutions Code section 6316.2. He contends (1) that a showing and finding of amenability to treatment was a prerequisite to an order recommitting appellant for an additional period, notwithstanding the absence of an express statutory requirement that such a showing and finding be made; (2) that the finding of amenability made by the court was not supported by substantial evidence; and (3) that the statute authorizing recommitment (§ 6316.2) was unduly vague, thereby depriving appellant of his liberty without due process of law.

In an information, appellant was charged in count I with kidnaping, in violation of Penal Code section 207; in count II with lewd conduct on a child under the age of 14, in violation of Penal Code section 288; in count III with forcible oral copulation on a child under the age of 14, in violation of Penal Code section 288a. These offenses were alleged to have been committed upon a four-year-old girl. Appellant pled guilty to the crime charged in count II. On the court’s motion, counts I and III were…