People v. Bonneville

14 Cal.3d 384 (1975) 535 P.2d 404 121 Cal. Rptr. 540 THE PEOPLE, Plaintiff and Respondent,

v.

RONALD ADRIAN BONNEVILLE, Defendant and Appellant.

Docket No. Crim. 16777. Supreme Court of California. In Bank.

May 15, 1975. [385] COUNSEL

Roger L. Gambatese, under appointment by the Supreme Court, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, James D. Garbolino, Arnold O. Overoye, A. Wells Petersen and Rick McClendon, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOSK, J.

This is a companion case to People v. Burnick, ante, page 306 [121 Cal. Rptr. 488, 535 P.2d 352], and People v. Feagley, ante, page 338 [121 Cal. Rptr. 509, 535 P.2d 373].

Following his conviction of violating Penal Code section 647a (annoying or molesting a person under the age of 18), proceedings were instituted to determine if defendant Bonneville was a mentally disordered sex offender. (Welf. & Inst. Code, § 6300 et seq.) The court found he was such an offender but was not amenable to treatment in a state hospital. At an ensuing jury trial Bonneville was found to be a mentally disordered sex offender by a preponderance of the evidence and a 10-to-2 vote. The court thereupon committed him for an indefinite period to the Department of Mental Hygiene for confinement in an "institutional unit" under the jurisdiction of the Department of Corrections pursuant to Welfare and Institutions Code sections 6316 and 6326, [386] and directed that he be delivered initially into the custody of the superintendent of the California Medical Facility at Vacaville. (1) (See fn. 1.) He appeals from that order. (Pen. Code, § 1237, subd. 1.)[1]