People v. Helton

Opinion

HOPPER, J.

We here consider whether a defendant convicted and sentenced to prison is eligible in a later case for civil commitment as a mentally disordered sex offender (hereinafter MDSO) while the sentence on the first conviction is still being served. We conclude that such a defendant, as a matter of law, is ineligible for commitment as an MDSO.

Appellant (hereinafter Helton) was convicted in Orange County in April 1977 (robbery with great bodily injury, oral copulation by force and attempted robbeiy) and sentenced to prison where he received treatment of some nature at the California…