People v. Gunter

FOURT, J.

—This is an appeal from “the judgment” “made on March 3, 1967.” Defendant was found guilty of possession of amidone.

In an information filed in Los Angeles on August 21, 1961, defendant was charged with possessing amidone on July 31,

[733]

1961, in violation of the provisions of section 11500 of the Health and Safety Code. In a jury trial defendant was found guilty as charged. She made an application for probation and a report was filed on October 19, 1961. This report sets forth in part that defendant had been a user of narcotics for ten years, was an extensive user of morphine and heroin, had had numerous arrests for thefts and prostitution, and had at one time signed herself into the U.S. Public Health Hospital at Lexington, Kentucky, for treatment but had signed herself out in two weeks. It was further related that at the time of her arrest she was attempting to throw heroin into the toilet. She was referred to Department 95 as an addict, the court noting, “It is my feeling that there is a realistic possibility of rehabilitation.” In Department 95 she was found to be a narcotics addict and she was remanded to the California Rehabilitation Center, where she was received on November 20, 1961. On August 13, 1962, she was paroled from the Center and she violated parole on September 29, 1962, by failing to take the required Nalline test; she was returned to the center on October 1, 1962. She was again paroled on January 11, 1963, and parole was suspended July 30, 1965. On January 4, 1966, she was picked up and sentenced to 90 days for prostitution; she admitted that she was using heroin again. She was granted a writ of habeas corpus from California Rehabilitation Center on about January 28,1966.

In a supplemental probation officer’s report dated February 18, 1966, it was pointed out that she admitted to using heroin again but it was suggested that she was not using as much as formerly and the probation officer recommended probation. On February 23, 1966, proceedings were suspended, defendant was placed on probation, a part of the terms thereof being that she was not to possess narcotics, was to stay away from narcotic peddlers, was not to possess narcotics paraphernalia and was to take detection tests. A report of the probation officer dated June 23, 1966, related that defendant had started to take weekly detection tests and in May 1966 had failed to appear, that she had moved and had not been heard from since. On June 28, 1966, her probation was revoked. On November 16, 1966, the cause came on the calendar for a violation of probation hearing. Apparently defendant was living with a parole violator who was engaged in peddling narcotics. Officers went to the room and called out, “police officers”; defendant called back, “just a minute” and the officers heard shuffling noises from the room and then