Pacheco

Defendant was charged with the unlawful use of force and violence on a peace officer (§ 242, Pen. Code) and *556 attempting by means of threats and violence to prevent R. H. Studdard, who was an executive officer, from performing duties imposed upon him by law and, by the use of force and violence, resisting him in the performance of his duties (§ 69, Pen. Code). The cause was submitted to the trial judge on the transcript of the testimony taken at the preliminary hearing. Defendant was found not guilty on the first count and guilty of a violation of section 69, Penal Code, as alleged in the second. After examination under section 5504, Welfare and Institutions Code, defendant was found by the court to be “a mentally disordered sex offender,” and committed for diagnosis for a period not to exceed 90 days. From this order of commitment defendant filed notice of appeal. Four months later the trial court set aside the commitment order on the ground that the proceedings failed to comply with section 5500, Welfare and Institutions Code, and ordered a new hearing. Defendant waived a jury and the trial court found defendant not to be a mentally disordered sex offender; criminal…