People v. Schaletzke

DRUCKER, J. pro tem,. *

Defendant bases his appeal from the judgment on the grounds that the court did not fulfill its duty when it sentenced the defendant to state prison instead of committing him to the state hospital pursuant to sections 5512 and 5518 of the Welfare and Institutions Code; and that such commitment to prison without treatment of a mentally disordered sex offender inflicts cruel and unusual punishment and deprives defendant of equal protection and due process of law.

A plea of guilty to violation of section 288, Penal Code, was entered by defendant. The issue of a prior…