In re Bevill

I dissent. I would deny the writ.

Respondent’s petition for a rehearing was denied August 21, 1968, and the opinion was modified to read as printed above.

Petitioner Guy Earl Bevill, confined in the California State Prison at San Quentin for an indeterminate period as a mentally disordered sex offender, filed in propria persona a petition for habeas corpus attacking the validity of his imprisonment on the ground that he was convicted under an unconstitutional statute. We issued an order to show cause and appointed counsel. We have concluded that the writ must be granted and the prisoner ordered discharged from custody.

On September 17, 1961, in Glendale, California, petitioner -was arrested, for engaging in an act of masturbation in the *857 presence of two children. He was charged with a violation of section 650% of the Penal Code, 1 pled not guilty, and waived jury trial. The court found him guilty, adjourned the criminal proceedings without imposing sentence, and certified him to the superior court for hearing and examination to determine whether he was a mentally disordered sex offender within the meaning of former section 5500 (now 6300) 2 of the Welfare and Institutions Code.

At a hearing on November 20, 1961, the superior court found petitioner to be a mentally disordered sex offender and ordered him sent to the Atascadero…