People v. Ballin

McCOMB, J.

Defendant appeals from a judgment sentencing him for a violation of section 11500.5 of the Health and Safety Code (possession of heroin for purpose of sale).

Facts: June 17, 1964, defendant was charged with a violation of section 11500.5 of the Health and Safety Code, a felony. At the time of his arrest, he was on parole from a prior prison term of from six months to fifteen years imposed in 1957 after conviction of second degree burglary.

June 30, 1964, defendant, with counsel present, pleaded not guilty and denied prior convictions alleged against him.

August 28, 1964, defendant withdrew his plea of not guilty and was rearraigned and pleaded guilty. On his arraignment on prior convictions, defendant admitted four prior felony convictions (automobile theft and second degree burglaries).

September 24, 1964, the trial court suspended criminal proceedings under former Penal Code section 6451.

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quently, after a hearing, the trial court found defendant to be a narcotic addict and ordered his commitment to the California Rehabilitation Center.

November 30, 1964, the Adult Authority revoked defendant’s parole, and he was returned to prison.

February 24, 1965, the Director of Corrections certified defendant unfit for treatment at the rehabilitation center, because he was then serving a sentence in prison.

February 26, 1965, the trial court dismissed its commitment order and on April 14, 1965, sentenced defendant to a term in prison, to run concurrently with the remainder of his 1957 sentence.

Question:

Did the trial court, after the Director of Corrections had certified defendant as tmfit for treatment at the rehabilitation center, properly sentence defendant on the pending criminal charges?

Yes.

A defendant’s parole status does not make him ineligible for treatment at the rehabilitation center.