Eubank

In 2 consolidated informations appellant was charged in 25 counts; 24 of the counts involved sexual crimes and attempts against children, under Penal Code sections 288, subdivisions (a) and (b), 647a, and 664. One count involved attempted escape from the county jail. (Pen Code, § 4532, subd. (b).) Appellant pleaded nolo contendere to 10 of the charges: 2 counts of lewd acts on children under 14 by use of force, violence, duress, menace or threat of great bodily harm (Pen. Code, § 288, subd. (b)); 1 count of lewd acts on a child *341 under 14 (Pen. Code, § 288, subd. (a)); 4 counts of attempted violation of Penal Code section 288, subdivision (a); 2 counts of annoying or molesting a child under 18 (Pen. Code, § 647a); and 1 count of attempted escape from the county jail (Pen. Code, § 4532, subd. (b)). All the sexual offenses involved different children and occurred between March and May of 1981.

After instituting mentally disordered sex offender (MDSO) proceedings, and receiving doctors’ reports, the court found that appellant was an MDSO who could benefit by treatment in a state hospital, but the court exercised its discretion under former 1 Welfare and Institutions Code…