People v. Dominguez

Opinion

KINGSLEY, J.

Defendant was charged with burglary and with receiving stolen goods; two prior felony convictions were also alleged. He pled guilty to the receiving count;

1

criminal proceedings were suspended and he was committed to the California Rehabilitation Center. Ninety days later, he was returned to the criminal court on the finding of the superintendent that he was unsuitable for treatment in the narcotic rehabilitation program. The criminal proceedings were resumed; the prior felonies were found to be untrue; the count charging burglary was dismissed; defendant was sentenced to state prison.

Thereafter, defendant filed, in propria persona, a petition in

coram nobis,

which was denied without a hearing. He has appealed from that order. We affirm.

2

On this appeal, counsel urges: (1) that the rehabilitation proceedings were improperly terminated; (2) that his guilty plea was illegally induced; and (3) that he was denied due process of law because his motion to suppress evidence, made under section 1538.5 of the Penal Code, was never formally determined.

I

On March 11, 1968, the trial court suspended the criminal case and

[1075]

ordered proceedings instituted under the California Rehabilitation Act. On January 12, 1968, the superintendent of the California Rehabilitation Center had written a letter (apparently addressed to defendant) which indicated: (1) that defendant had theretofore been committed to that institution in some earlier proceeding; and (2) that, in light (inter alia) of defendant’s conduct while on out-patient status, the superintendent did not think him suitable for a return to the program. That letter was called to the attention of the trial court. In spite of the letter, the court did institute new commitment proceedings, defendant was committed, he was held for the statutory period of observation, and was then returned to the criminal court.