Jermane

People v. Jermane

Good Law
15 Cal. Rptr. 221·194 Cal. App. 2d 754·1961 Cal. App. LEXIS 1874
Court of Appeal of CaliforniaAugust 15, 1961Crim. 7558California1,009 words

Opinion

Opinion

Shinn, J.

In an information filed by the district attorney defendant was charged in three counts with violation of section 288 of the Penal Code. In count III the victim was a boy, 8 years of age.

Defendant was arraigned and pleaded not guilty and not guilty by reason of insanity. The court appointed three doctors to examine defendant’s sanity under section 1027 of the Penal Code, and trial was set for May 2, 1960. On that date defendant withdrew his plea of not guilty by reason of insanity and pleaded guilty to count III. Counts I and II were dismissed.

The court appointed Doctors Bielinski, Abe and Polos under section 5504, Welfare and Institutions Code, and asked for their conclusions as to whether the defendant was a sexual psychopath.

Following receipt of the reports, the court found defendant to be a probable sexual psychopath and committed him to Atascadero State Hospital for observation and diagnosis for a period not exceeding 90 days. Atascadero concluded that defendant was a sexual psychopath, that he could be benefited by hospital treatment, and reported these conclusions to the court. On August 5, 1960, the court found defendant to be a sexual psychopath within the meaning of…

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