In re Weston

The habeas corpus petition which commenced this proceeding challenges the legality of an order of the superior court terminating a mentally disordered sex offender (MDSO) commitment and sentencing petitioner to state prison. It appears that the superior court bypassed the important statutory procedures which were designed to afford due process to the offender and provide adequate and current information to the court before so significant a decision was made; and for that reason the sentence must be vacated.

I Procedural Background.

On May 23, 1974, an information was filed in case No. A 307871 charging the petitioner with kidnaping (Pen. Code, § 207) and assault with intent to rape (Pen. Code, § 220). He pleaded guilty to a violation of Penal Code section 245 (assault with force likely to cause great bodily injury) a lesser, related offense. Criminal proceedings were suspended and probation was granted for a period of 4 years, the first 180 days to be served in county jail.

On August 25, 1975, another multiple count information was filed as case No. A 320100. Petitioner pleaded guilty to violations of Penal Code section 261, subdivision 3 (rape by threat of great…