Dias
People v. Dias
Opinion
Lead Opinion
Rickles, J.
Defendant Johnnie James Dias has appealed from an order extending his commitment as a mentally disordered sex offender (MDSO) for a period of two years. The contentions he has raised on appeal are: (1) the court erred in failing to follow the procedures for a “slow plea” prescribed by Bunnell v. Superior Court (1975) 13 Cal.3d 592 [ 119 Cal.Rptr. 302 , 531 P.2d 1086 ]; (2) his commitment could not be extended without a finding of amenability to treatment; and (3) the petition for extended commitment was not timely filed and therefore the order appealed from is void.
Facts
Defendant was convicted of committing a lewd and lascivious act upon a child under the age of 14 years (Pen. Code, § 288). The offense was committed in September 1973 and defendant was convicted after a court trial in September 1974. Criminal proceedings were suspended, defendant was found to be an MDSO, and he was committed for treatment.
In 1977, defendant’s maximum term of commitment under former section 6316.1 of the Welfare and Institutions Code was calculated and found to be eight years, less applicable credits. 1 Based on this calculation, defendant’s projected release date was November 12,…