People v. Allen

Opinion

BROWN (G. A.), P. J .

This is an appeal from a judgment of commitment of Jimmie Duane Allen to the Atascadero State Hospital, entered upon a jury verdict finding the appellant to be a mentally disordered sex offender (hereinafter referred to as “M.D.S.O.”) pursuant to the provisions of Welfare and Institutions Code sections 6300 and 6321.

The nucleus of the appeal is whether the trial court committed prejudicial error in permitting the jury to consider appellant’s possible medical-psychiatric treatment and benefits that may flow therefrom in their deliberations on the issue of whether he…