P. v. Gonzales CA2/6
Robert Gonzales is 42 years old and a convicted pedophile. He had nearly concluded a prison sentence for child molestation when he struck a fellow prisoner breaking his jaw. Gonzales received a two year prison sentence for this offense and Mentally Disordered Offender (MDO) proceedings were instituted based on the diagnosis that he is also bipolar. The trial court made the requisite findings under the MDO act (Pen. Code, § 2960, et seq.) and committed him for the latter offense. No finding was made on the child molestation convictions. Relying on People v. Sheek (2004) 122 Cal.App.4th 1606 (Sheek), Gonzales contends that because he did not also receive treatment as a pedophile he could not be declared an MDO. Sheek is inapposite.
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