People v. Barnett

[3]

Opinion

STEIN, J.

Jesse Barnett was convicted of second degree burglary (Pen. Code, § 459) and theft of items with a value in excess of $400. (Pen. Code, § 487.1.) An allegation that Barnett had suffered a prior conviction was found true. The trial court sentenced Barnett to a total of three years in state prison, further imposing on him a $200 restitution fine. The court, however, then found that Barnett might be addicted or be in imminent danger of becoming addicted to narcotics, and ordered the district attorney to file a petition for the commitment of Barnett to the California Rehabilitation Center (CRC). (See Welf. & Inst. Code, § 3051.)

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Barnett was determined to be a drug addict. The court thereafter suspended execution of sentence and ordered Barnett committed to the CRC for a period not to exceed three years. Barnett appeals from the judgment of commitment insofar as it imposed the restitution fine.

Facts

The facts underlying Barnett’s convictions are not relevant to any issue on appeal. It is enough that he was seen running out of a store carrying leather jackets attached to hangers, and was arrested a very short time later in possession of 13 leather jackets, each valued at $245.

Discussion

We decline to consider the validity of the restitution fine, because, under the statutory scheme surrounding commitment to CRC, the sentence imposed by the court, including the restitution fine, is for practical purposes only an interim sentence. The purpose of requiring the court to impose sentence prior to committing the defendant to CRC is not to fix for all purposes the sentence, but to ensure that a defendant committed to the narcotics rehabilitation program will be sentenced under the same statutes as others convicted of the same crime, and that the deprivation of liberty imposed on that defendant in the form of involuntary commitment to CRC will be no greater than that imposed on defendants sent directly to prison.

(People

v.