In Re Leyva

In November of 1965, petitioner was arrested on charges of assault and of attempted rape. Ultimately he pled guilty, in the Municipal Court of the El Monte Judicial District, to a charge of battery. He was certified to the Superior Court for Los Angeles, County for proceedings under the Mentally Disordered Sex Offender Act. Those proceedings ultimately resulted in an order, pursuant to section 5512 (now § 6316) of the Welfare and Institutions Code, committing him to the Department of Mental Hygiene for an indeterminate period. On June 16, 1967, he petitioned the superior court for a writ of coram nobis. That petition was denied. His appeal from the order of denial was dismissed by Division Two of this court on the ground that his remedy, if any, was other than by coram nobis in the superior court. (People v. Leyva (1969) 2d Crim. No. 14728 (unpublished opinion).)

Petitioner then applied, in the superior court, pursuant to section 6327 of the Welfare and Institutions Code, for a return to that court for a hearing on his claim that he was no longer in need of treatment under the order of commitment. That motion was summarily denied and he appealed the order of denial to…