People v. McCowan

JEFFERSON, J.

Following defendant’s plea of guilty to one count of a grand jury indictment charging the violation of Health and Safety Code section 11500 (possession of heroin), criminal proceedings were adjourned, defendant was found to be a drug addict and was committed by the superior court to the California Rehabilitation Center pursuant to Penal Code section 6451 (now Welf. & Inst. Code, § 3051). Subsequently, the superintendent of the rehabilitation center (under the authority of the Director of Corrections) certified to the court that defendant was not a fit subject for further confinement or treatment at the center. The court ordered defendant returned for further proceedings. He was then denied probation and sentenced to state prison. This is an appeal from the judgment.

Defendant contends that the trial court failed to determine that the superintendent had not abused his discretion in rejecting him from further treatment at the rehabilitation center.

Background facts pertinent to a discussion and resolution of this contention are set out below.

Defendant was committed to the rehabilitation center on January 15, 1964. The minutes of the superior court of April 19, 1965, indicate that the court (Judge Reppy) ordered defendant’s release from the custody of the superintendent of the rehabilitation center, and ordered that the sheriff return him to court for further proceedings. The minutes recite that these orders were made after the court’s receipt of a communication from the superintendent stating that defendant was not a fit subject for confinement or treatment at the center, based on his “recent assaultive-type behavior and violence potential.”

The letter from the superintendent referred to by the court, although not originally made a part of the récord on appeal, is now before us, as we have augmented the record by ordering up the superior court file. The letter, dated March 29, 1965,

[626]

after stating that defendant’s rejection was based on his violence potential and “recent assaultive-type behavior,” explained that on January 16, 1965, a short time after he had been released to outpatient status by the rehabilitation center, he was arrested on suspicion of kidnaping, rape and robbery; this was in connection with a single incident which allegedly occurred in Santa Barbara after his release; he was not prosecuted for these offenses only because the alleged victim would not testify at the trial under her doctor’s advice that to do so could endanger her health (she reportedly had high blood pressure).