People v. Cruz

*650Opinion

WIENER, Acting P. J.

Jorge Alberto Cruz appeals after he was sentenced to prison for six years, four months, following his return from Patton State Hospital where he spent approximately 20 months under a commitment as a mentally disordered sex offender ((MDSO); former Welf. & Inst. Code, § 6300 et seq., repealed by Stats. 1981, ch. 928, § 2, p. 3485, eff. Jan. 1, 1982). Cruz challenges the trial court’s denial of probation and its refusal to grant conduct credit (Pen. Code, § 2931)1 for the time he spent in Patton.

Cruz, bom May 22, 1960, committed the sex crimes in question on October…