Stanley

In this case Stanley appeals from an order of the trial judge denying him outpatient treatment and committing him to Atascadero State Hospital after he had entered a plea of guilty to a charge of violation of Penal Code section 288 and mentally disordered sex offender proceedings were instituted.

Stanley argues that the trial judge had already decided that if Stanley were determined to be a mentally disordered sex offender, state mental hospital commitment was the only disposition. After two psychiatrists were appointed, the following took place between Mr. Johnson (Stanley’s attorney) and the court:

We are persuaded from the above quoted remarks, and in the light of the entire record, that the trial judge prejudged this matter necessitating that the case be reversed and remanded to the trial court for further proceedings before a different judge. At those new proceedings, if the trial court deems it appropriate, mentally disordered sex offender, proceedings can be reinstated from the beginning.

Stanley next contends that the trial court committed prejudicial error in failing to request an evaluation by the County Mental Health Director, Dr. Davis. Welfare and…