People v. Clem

Opinion

SMITH, J.

Defendant is appealing his conviction by a jury of five counts of rape by force and threat (Pen. Code, § 261, subds. 2, & 3), as well as misdemeanor assault (Pen. Code, § 240), misdemeanor petty theft (Pen. Code, §§ 484-488), and false imprisonment (Pen. Code, § 236).

Upon finding the defendant to be a mentally disordered sex offender, the court committed him to a state hospital for a period not to exceed the maximum for which he could be confined pursuant to Welfare and Institutions Code, section 6316.1, subdivision (a), a period of eleven years and four months. 1

The victim in…