People v. Gray

Opinion

FILES, P. J.

This is an appeal from an order committing appellant to the California Rehabilitation Center for treatment as a narcotic addict. The sole issue raised by her counsel is whether, on constitutional grounds, the court should have limited the commitment to a period of six months, which is the maximum jail term which could have been imposed for the offense of petty theft.

The procedural history of the case, so far as reflected in the record on appeal, is as follows:

[20]

On November 5, 1974, appellant was arrested for shoplifting, and on December 27, 1974, pleaded guilty to petty theft. Her probation report related that she had admitted use of heroin, and, in the opinion of the narcotics evaluator, she was probably an addict, but probation under supervision was recommended. Appellant was then placed on probation.

Subsequent probation reports advised the court that-appellant had failed to keep appointments for testing, raising the suspicion that she had continued the use of drugs.

On November 2, 1975, she was arrested again for shoplifting. On the following day she pleaded guilty to a charge of petty theft and was placed on summary probation. She failed to report to her probation officer and a bench warrant was issued. On June 29, 1976, the municipal court adjourned proceedings in the 1974 theft case and certified defendant to the superior court for narcotics addiction proceedings.

The superior court hearings were held on July 13 and 21, 1976, following which the court found, upon the medical evidence, that appellant was a narcotic drug addict or in imminent danger of becoming addicted. A jury trial was waived, and appellant was committed for placement in the California Rehabilitation Center. Her appeal is from that order.

Appellant relies upon

People

v.

Olivas

(1976) 17 Cal.3d 236 [131 Cal.Rptr. 55, 551 P.2d 375], for her contention that it is a denial of equal protection to commit her to the rehabilitation center for a longer period than six months, which is the maximum term prescribed by the Penal Code for the misdemeanor offense of which she was convicted. In