People v. Elmore

AULT, J. pro tem.

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Appellant Wade T. Elmore was convicted in the Justice Court of the Brawley Judicial District of violation of Penal Code section 415 (disturbing the peace). Upon conviction the court suspended the criminal proceedings pursuant to Welfare and Institutions Code section 3050, and ordered the district attorney to file a petition in the Superior Court of Imperial County to ascertain whether Elmore was addicted to the use of narcotic drugs or by reason of repeated use of narcotic drugs was in imminent danger of becoming so addicted. Such petition was filed, medical examiners were appointed, a hearing was had, and the court found Elmore “is a drug addict or in imminent danger of becoming such.”

Appellant demanded a jury trial pursuant to Welfare and Institutions Code section 3108. A jury trial was held on July 29, 1968, and the jury by its verdict found appellant was in imminent danger of becoming a narcotic drug addict. Appellant, his counsel and the district attorney stipulated the cause could be consolidated with another case in which appellant had been certified for narcotic addiction proceedings by the superior court.

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The court ordered defendant committed to the Norco Rehabilitation Center for treatment, hospitalization and care.

Appellant appeals from the order of commitment, His sole contention on appeal is the evidence presented at his

[866]

jury trial was insufficient to support the jury’s finding he was in imminent danger of becoming a drug addict. Such contention requires a review of the record of the testimony at the trial.

Only three witnesses testified at the trial, all on behalf of the People. Captain Santos of the Brawley Police Department testified he had been on the Brawley Police Department for over 19 years; on June 22, 1968, Elmore was brought to his office by other officers. He examined Elmore to ascertain whether he was using narcotics and to see if he was then under the influence of narcotics. He observed six puncture marks in the fold of appellant’s right elbow and four in the fold of his left elbow. The marks were fresh, some fresher than others, but none was very old. He also observed the pupils of appellant’s eyes were pinpointed and did not react to light. He formed the opinion appellant was under the influence of a narcotic. On cross-examination, he voiced the opinion that “any person that takes one dose of heroin is in danger of becoming an addict.”