In Re Acosta

In June 1967 petitioner pleaded guilty in the municipal court to two counts of child molesting (Pen. Code, § 647a, subd. (1)). The court then certified petitioner to the superior court for mentally disordered sex offender proceedings under Welfare and Institutions Code section 5500 (now § 6300) et seq. (Los Angeles Superior Court file No. 219685.)

On August 15, 1967, the matter was submitted to the superior court upon a stipulation that the court might consider the reports of the two examining physicians. The court found petitioner was a probable mentally disordered sex offender and sent him to Atascadero for 90 days of observation and diagnosis.

On October 30, 1967, upon the report of the hospital superintendent, petitioner was adjudged a mentally disordered sex offender and committed to the hospital for an indefinite period.

On April 1, 1968, the superior court received a report from the superintendent that petitioner had reached maximum hospital benefit, and was still dangerous. The report recommended that petitioner be committed for custodial care under section 5518.

On May 6, 1968, the municipal court recertified petitioner to the superior court pursuant to…