People v. Krauss

Opinion

THE COURT.

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Appellant was convicted on his guilty pleas of burglary, robbery (two counts), and severance of phone lines. The trial court sentenced him to prison for an aggregate term of seven years, eight months, comprised of the six-year upper base term on the burglary and consecutive terms of one year on one robbery and eight months on the phone line charge. Pursuant to the multiple punishment bar of Penal Code section 654, the trial court imposed but stayed a six-year upper base term on the other robbery. The trial court ruled that Welfare and Institutions Code section 3052 rendered appellant statutorily ineligible for the California Rehabilitation Center (CRC), because his total prison term exceeded six years. Appellant contends the trial court misread section 3052.

Welfare and Institutions Code sections 3050 and 3051 provide the basic statutory authorization for narcotics addict commitment proceedings for a defendant upon conviction for any crime or following revocation of probation. However, Welfare and Institutions Code section 3052 renders these sections inapplicable to certain persons. The latter section provides, in pertinent part: “(a) Sections 3050 and 3051 shall not apply to any of the following:

“(2) Persons whose sentence is enhanced pursuant to subdivision (b) of Section 12022 of the Penal Code, or Section 12022.3, 12022.5, 12022.6, 12022.7, or 12022.8 of such code; or persons whose sentence is subject to the provisions of Section 3046 of the Penal Code; or persons whose conviction results in a sentence which, in the aggregate, exclusive of any credit that may be earned pursuant to Article 2.5 (commencing with Section 2930)

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of Chapter 7 of Title 1 of Part 3 of the Penal Code, exceeds six years’ imprisonment in state prison; or persons found to come under the provisions of Section 1203.06 of the Penal Code.

At issue here is the meaning of the reference to “persons whose conviction results in a sentence which, in the aggregate, exclusive of any credit that may be earned pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 of the Penal Code, exceeds six years’ imprisonment in state prison; . . .’’ Reprising an argument made below, appellant asserts “that the plain meaning of this section permits referral to CRC of any person whose total sentence, after subtracting expected credits for good time and work time, amounts to six years or less.”