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BAKER v. SUPERIOR COURT

Docket No. Crim. 22993.

35 Cal.3d 663 (1984)

677 P.2d 219

200 Cal. Rptr. 293

DONALD EUGENE BAKER, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. In re PETER A. LAMPORT on Habeas Corpus. In re DOUGLAS E. COUCH on Habeas Corpus.

Supreme Court of California.

March 22, 1984.

Attorney(s) appearing for the Case

COUNSEL

J. Thomas Bowden and John T. Philipsborn, under appointments by the Supreme Court, and Frank X. Nageotte for Petitioners.

Quin Denvir, State Public Defender, and Adrian K. Panton, Deputy State Public Defender, as Amici Curiae on behalf of Petitioners.

No appearance for Respondent Court.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Steven V. Adler, Harley D. Mayfield and Jay M. Bloom, Deputy Attorneys General, Edwin Miller, District Attorney, Peter C. Lehman, Thomas F. McArdle and Henry R. Mann, Deputy District Attorneys, for Real Party in Interest and Respondent.

OPINION

KAUS, J.

In 1979 petitioners Baker and Lamport were convicted on charges arising out of separate incidents of oral copulation of a minor (Pen. Code, § 288a) and committed for three years to the Department of Mental Health as mentally disordered sex offenders (MDSO's), the commitments to expire in April 1982. In 1977 petitioner Couch was convicted of lewd and lascivious conduct with a child under 14 years (Pen. Code, ...

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