Anderson

The Attorney General has transmitted to us an order of the United States District Court for the Northern District of California *88 granting Alex S. Anderson’s petition for habeas corpus and directing the Superintendent of California Men’s Colony, West, at Los Padres to produce the petitioner before that court unless within 60 days the State of California reinstates his appeal. The Attorney General has accompanied this order with a letter requesting this court to recall the remittitur this court issued in 1961 and to reinstate Anderson’s appeal.

In 1959 Anderson appeared in a municipal court with counsel, the Public Defender of Sonoma County, in response to a complaint charging him with two sexual offenses. He was at that time on probation, having been convicted of a sexual offense in 1956. In the municipal court, one of the two charges was dismissed and a plea of guilty entered to the other. He was certified to the superior court which, after a probation report and psychiatric examination, committed him to a state hospital under California’s then sexual psychopathy law. Several months later the hospital returned him to the court as one who could not benefit by hospital…