Armstrong
People v. Armstrong
Opinion
Opinion
Coughlin, J.
—Defendant was convicted of the offense of lewd and lascivious conduct upon the body of a child under the age of 14 years, a violation of Penal Code, section 288. Imposition of sentence was suspended and proceedings were commenced iinder the statute providing for the commitment, care and treatment of mentally disordered sex offenders, viz., Welfare and Institutions Code, section 5500 et seq. The proceedings were conducted in three stages, each by a different judge, resulting respectively ih (1) an order dated April 9,; 1964, pursuant to Welfare and Institutions Code, section 5512, declaring defendant a probable mentally disordered sex offender, hereinafter referred to as a MDSO, and committing him.-for observation; (2) an order dated June 30, 1964, also pursuant to section 5512, finding him to be a MDSO who would not benefit by care or treatment in a state hospital and was a danger to the health and safety of others, and committing him for an indeterminate period to the Department of Mental Hygiene for placement in the state institution provided pursuant to Welfare and Institutions Code, section 5518; and (3) an order dated March 27, 1967, pursuant to Welfare and Institutions…