MacK

This is an appeal by the People pursuant to Penal Code section 1238, subdivision (a)(8), from an order of the superior court dismissing a criminal action pursuant to section 1385 of the Penal Code.

A criminal information was filed in case No. A435933 charging defendant with a violation of Penal Code section 288 (committing lewd acts on the body of a child). An amended information charged defendant with two prior felony convictions of subdivision 1 of section 314 (case No. A-274-194 and case No. A-283916). The court appointed psychiatrists to examine defendant.

The trial judge noted that defendant was currently on probation in superior court case No. A-283916 for a felony conviction of violation of subdivision' 1 of section 314. Defendant admitted the probation violation and the court found him to be in violation of probation in case No. A-283916. Defendant admitted the offense in the instant information (A-435933).

In October 1974, the court considered the psychiatrists’ reports, the probation report in case No. A-283916 filed on August 3, 1972, and the facts of the instant case and, based on that information, found defendant to be a mentally disordered sex offender.…