Is a sterilization decree dependent upon statutory authorization or discretionary powers of the court?

The only California authority supporting the proposition that a sterilization decree is not dependent upon statutory authorization and is within the discretionary powers of the court lies in the area of criminal law. In People v. Blankenship (1936) 16 Cal.App.2d 606, 61 P.2d 352, the defendant had been convicted of raping a thirteen year old girl. Both the defendant and the girl were syphilitic, but there was no evidence that the defendant had infected the girl. The trial court required that the defendant undergo a vasectomy as a condition of probation. This order was affirmed on appeal. In People v. Dominguez (1967) 256 Cal.App.2d 623, 627--629, 64 Cal.Rptr. 290--293, however, the appellate court viewed Blankenship as a 'most extreme case . . . the authority of which is dubious

Page 68