PEOPLE v. HELTON

Docket No. 3452.

91 Cal.App.3d 987 (1979)

154 Cal. Rptr. 482

THE PEOPLE, Plaintiff and Respondent, v. JOHNNY RAY HELTON, Defendant and Appellant.

Court of Appeals of California, Fifth District.

April 16, 1979.


Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik and Quin Denvir, State Public Defenders, under appointment by the Court of Appeal, Gary S. Goodpaster, Ezra Hendon, Chief Assistant State Public Defenders, and Mark L. Christiansen, Deputy State Public Defender, for Defendant and Appellant.

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler, Robert H. Philibosian, Chief Assistant Attorneys General, Arnold O. Overoye, Assistant Attorney General, Nelson P. Kempsky, Charles P. Just and Nancy L. Sweet, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

HOPPER, J.

(1) 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...

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