Roberson

Defendant was charged in Counts 1 and 2 of an information with having committed lewd and lascivious acts on the bodies of two females under the age of 14 years, in violation of section 288, Penal Code. He pleaded not guilty to both counts, but on the day set for trial defendant, represented by, and in the presence of his counsel, withdrew his plea of not guilty to Count 1 and substituted therefor a plea of guilty. The court, under section 5504, Welfare and Institutions Code, appointed two doctors to examine him and ordered the probation officer to submit a probation report. Proceedings on Count 2 were continued for further disposition, and later dismissed.

Upon the report of the two court-appointed doctors that defendant was “a possible sexual psycopath,” the court below, on March 10, 1958, committed him to Atascadero State Hospital for a period not to exceed 90 days for observation. Thereafter, returning defendant for sentence, the Director of the State Hospital, Dr. Rude, reported to the court that defendant was a sexual psychopath, would not benefit from further care and was a menace to the health and safety of others; and recommended he be sentenced on the charge. On July 11,…