Jaquish

In May of 1958, appellant was charged with committing lewd acts upon a child in violation of section 288 of the Penal Code. Prior convictions of assault with intent to rape, a felony (Wisconsin 1934) and violation of sections 288 and 288a (California 1947) were charged and found to be true. Appellant pleaded not guilty and not guilty by reason of insanity. He waived a jury on both pleas. On his plea of not guilty, appellant was found guilty and the priors were found to be true. On his plea of not guilty by reason of insanity, appellant was found to be sane. The court also found appellant to be a probable sexual psychopath and ordered his placement in Atascadero State Hospital for observation for a period not to exceed 90 days. At the conclusion of the observation period, the superintendent of Atascadero reported to the court that appellant was a sexual psychopath, was a menace to the health and safety of others, but would not benefit by further treatment. Appellant was then sentenced by the court to be imprisoned for the term required by law.

The record does not show, as required by Penal Code, section 1025, that pleas were entered to the priors or that there was any arraignment…