Baker V. Superior Court Of San Diego County

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, § 288) and committed as an MDSO for five years, the commitment to expire in May 1982. In each case, the district attorney filed a timely petition to extend the commitment (former Welf. & Inst. Code, § 6316.2).*fn1 During the hearing on the petition, Baker demurred and moved to dismiss, contending that the repeal of the MDSO laws effective January 1, 1982, precluded extension of commitments after that date. The trial court overruled the demurrer and denied the motion; Baker seeks a writ of prohibition to prevent further proceedings on the petition for extension. After hearings, the commitments of Lamport and Couch were extended for two years. They seek habeas corpus, also asserting a lack of jurisdiction to extend their commitments.