People v. Hakeem

KINGSLEY, J.

In case No. 311,803, defendant was charged with four counts of violations of section 11501 of the Health and Safety Code (sale of narcotics). A motion to dismiss under section 995 of the Penal Code was made and was granted as to count I. Thereafter, defendant pled guilty to that same count. In case No. 314,404, defendant was charged with one count of possession of heroin for sale, in violation of section 11500.5. Thereafter that case was consolidated with case No. 311,803, the count in No. 314,404 becoming count V of the consolidated information. Originally, defendant had pled not guilty to that count but, after the court had indicated that it would refer him to Department 95 for consideration under section 3051 of the Welfare and Institutions Code,

[880]

defendant, then represented by counsel of his own selection, withdrew his not guilty plea and pled guilty to count V.

As the court had indicated that it would, it caused proceedings under the Narcotic Rehabilitation Act to be instituted, defendant was found to be an addict, and was committed to the California Rehabilitation Center. More than 90 days thereafter, he was returned to the court from the center, having been rejected by it on the basis of “extensive and chronic criminality.” Defendant was then sentenced to the state prison on counts I and Y, the sentences to run concurrently.

1

He has appealed. We reverse as to count I but affirm as to count Y.

Count I

Defendant contends, and the Attorney General admits, that there was error in accepting a plea to count I and in sentencing defendant thereon. Once that count had been dismissed under section 995, the court had lost jurisdiction to take any further proceedings on that count. That part of the judgment must be reversed.

Count V

Defendant urges error as to count Y on four grounds: (1) That the plea of guilty was based on an express promise of leniency which was not fulfilled; (2) That the trial court erred in not considering whether or not the action of the superintendent at Narco in rejecting defendant was an abuse of discretion; (3) That it appears from the record that there was an abuse of discretion; and (4) That the trial court erred in not explaining to defendant the effect and meaning of his plea of guilty and the punishment possible thereon. We find none of these merit a reversal.