People v. Salazar

California Court of Appeal Nov 30, 1965 No. Crim. 10237Published

Before: Fleming

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Holding. The court held that upon a defendant's discharge from a narcotics rehabilitation center via habeas corpus, the trial court has the discretion to sentence the defendant on the original guilty plea rather than ordering a new fitness hearing.

Issues

Whether a defendant discharged from a narcotics rehabilitation center via habeas corpus is entitled to a new fitness hearing before sentencing.
Whether the trial court abused its discretion by sentencing the defendant to prison after his discharge from the rehabilitation center.

Disposition. affirmed

Quotations verified verbatim against the opinion

“In either case, the patient is returned to the criminal court, and the adjourned criminal proceedings are reinstated.”

“The decision to sentence tnm on his guilty plea was within the discretion of the trial court under section 3200”

[475]

FLEMING, J.

Ricardo Salazar pleaded guilty to a charge of possessing heroin (Health & Saf. Code, § 11500). The trial court decided Salazar was addicted or in danger of becoming addicted to narcotics and ordered a hearing under Welfare and Institutions Code, section 3051 (formerly Pen. Code, § 6451). The criminal proceedings were adjourned, a hearing was held, and on May 1, 1963, Salazar was committed to a narcotics rehabilitation center. On July 1, 1964, Salazar obtained a writ of habeas corpus and was discharged from the center. He was returned to the criminal court, the adjourned proceedings were reopened, and he was sentenced to state prison. He appeals, contending the court did not have jurisdiction to sentence him to prison until after a valid hearing on his fitness for commitment to a narcotics rehabilitation center had been held under Welfare and Institutions Code, section 3051.

The procedure for civil commitment implements a program of compulsory treatment and rehabilitation for narcotics addicts. (Welf. & Inst. Code, §§ 3000, 3001 (formerly Pen. Code, §§ 6399, 6400);

In re De La O,

59 Cal.2d 128, 148-149 [28 Cal.Rptr. 489, 378 P.2d 793], cert. den. 374 U.S. 856 [83 S.Ct. 1927, 10 L.Ed.2d 1076].) If the trial court finds the defendant is a narcotics addict or in danger of becoming one, and the court also finds the defendant is a fit subject for commitment to a narcotics rehabilitation center, then it must adjourn the criminal proceedings until a hearing has been held on the issue of addiction, using the procedure established for the determination of mental illness. (Welf. & Inst. Code, §§ 3051, 5353,

5053-5055; People

Ortiz,

61 Cal.2d 249, 254-255 [37 Cal.Rptr. 891, 391 P.2d 163];

People

Wallace,

59 Cal.2d 548, 553 [30 Cal.Rptr. 449, 381 P.2d 185].) If the defendant is found to be a narcotics addict, or in imminent danger of becoming one, he may be committed to a rehabilitation center. (Welf. & Inst. Code, § 3051.) Upon discharge from the center, the criminal proceedings are reopened. At that time the court may dismiss the criminal charges, or it may sentence the defendant with credit for time spent in the center. (Welf. & Inst. Code, §§ 3053, 3200, 3201 (formerly Pen. Code, §§ 6453, 6520, 6521).)

People v. Salazar

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FLEMING, J.

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