Slutts

Defendant was adjudged guilty after trial to the court of indecent exposure with a prior conviction of the same offense, a felony under section 314, subdivision 1 of the Penal Code. Criminal proceedings were suspended and defendant was committed to Atascadero State Hospital for observation and diagnosis as a probable mentally disordered sex offender. Upon his return from the hospital he was sentenced to state prison. He appeals from the judgment.

The principal questions raised by this appeal are: (1) whether the technique employed by the police in securing the identification of defendant before trial through the use of photographs resulted in the denial to defendant of due process of law, and (2) whether the failure of the court to follow the proper procedure for finding him a probable-mentally disordered sex offender constituted reversible error.

While Peggy Miller, aged 11, and her sister Sandra, aged 14, were playing in a park across the street from their home sometime between 5 :30 p.m. and 8 p.m. on a week day in May, 1966, they saw a white man with a beard seated on the driver’s side of a green car nearby. The man was wearing bathing trunks and a beach jacket. He did not…