Breeden

Floyd Sanford Breeden appeals from a judgment of conviction of violation of section 288 of the Penal Code. Trial by jury was waived. The victim was a boy 13 years of age.

Pursuant to section 5500 et seq. of the Welfare and Institutions Code, and upon the reports of doctors under appointment by the court, defendant was adjudged a probable sexual psychopath and committed to Atascadero State Hospital. Upon receipt of a letter from the superintendent of the hospital stating that defendant was a sexual psychopath but would not benefit from treatment in a state hospital and was a menace to the health and safety of others, defendant was returned to the court and sentenced to the state prison.

On appeal, defendant contends there was insufficient evidence, as to identity and intent of the defendant, to support the conviction. At the trial, defendant, who was represented by counsel, did not testify nor were there any witnesses produced in his behalf. The evidence against the defendant consisted of the testimony of the boy and his mother. The boy was shown by his testimony to be a competent and intelligent witness. His version of defendant’s acts was not incredible and, if believed, was…