Hoffman v. Superior Court

Opinion

STANIFORTH, J.

Petitioner seeks a writ of prohibition to prevent any further proceedings to determine whether he is a mentally disordered sex offender (MDSO). He contends no statutory authorization exists for the procedures the trial court has followed here, and also, principles analogous to the defense of former jeopardy preclude redetermination of his MDSO status because he was found not to be an MDSO shortly before these proceedings were begun.

Petitioner was originally found to be an MDSO in March of 1973 after he pled guilty to two counts of forcible rape, firearm allegation…