Favors

Charged with violation of section 288 of the Penal Code, this defendant was found guilty in a nonjury trial in which he was represented by counsel. Pursuant to stipulation the case was submitted on the police arrest and crime reports which were received in evidence and are contained in the transcript on appeal. Defendant did not testify or offer any evidence. Having found defendant guilty, the court appointed physicians to examine him and report whether in their opinion he was a probable sexual psychopath. The reports of the doctors were to the effect that defendant was a probable sexual psychopath; he was committed to the state *131 hospital at Atascadero for a period of not to exceed 90 days; at the expiration of about 60 days defendant was reported by hospital authorities to be a sexual psychopath, as defined by section 5500 of the Welfare and Institutions Code, who would not be benefited by further treatment; defendant was returned to court, duly arraigned and sentenced to state prison. Defendant was charged by the information with a prior conviction of violation of section 261.1 of the Penal Code; no disposition was made with respect to the prior conviction. Defendant…