People v. O'TREMBA

Opinion

FILES, P. J.

Defendant was charged with committing a lewd and lascivious act upon a child under the age of 14 years in violation of section 288 of the Penal Code. He was found guilty by a jury, placed in Atascadero State Hospital for 90 days’ observation as a probable mentally disordered sex offender and then brought back to the court, which, after reviewing the superintendent’s report, elected to resume criminal proceedings. The defendant was then sentenced to state prison for the term prescribed by law. He appeals from the judgment.

The defendant contends the trial court erred, to his…