Preciado

Antonio Preciado pleaded guilty to three counts of rape (Pen. Code, § 261, subd. 2) enhanced for using a knife (Pen. Code, § 12022.3, subd. (a)), two counts of forcible oral copulation (Pen. Code, § 288a, subd. (c)), and attempted rape (Pen. Code, §§ 664, 261). Criminal proceedings were adjourned to determine whether Preciado was a mentally disordered sex offender (MDSO) under Welfare and Institutions Code section 6300 et seq. The court found Preciado was an MDSO who could benefit from treatment in a state hospital, but returned him to the criminal court for sentencing because of the violence of his crimes and the lengthy minimum prison sentence he would be required to serve. The court sentenced Preciado to 33 years in prison. Preciado appeals.

Preciado unmeritoriously contends the court abused its discretion under Welfare and Institutions Code section 6316 by not sending him to a state hospital. Even though the court determined Preciado was an MDSO who could benefit from treatment, he had no “right” to treatment in a state hospital, and the court could properly return him to the criminal court for sentencing (People v. Oglesby (1977) 67 Cal.App.3d 34, 38 [ 135 Cal.Rptr.…