People v. Nelson

BROWN (Gerald), J. Defendant was arrested September 7, 1962, and then examined by Dr. R. L. Williams, San Diego Police Physician. The same day Dr. Williams executed an affidavit of examining physician, in which he declared his conclusion that defendant was addicted to the use of narcotics and unless confined would likely injure himself or others or become a menace to the public.

On September 11, the district attorney initiated proceedings pursuant to Penal Code sections 6500 through 6510 by filing a petition of narcotic addiction No. N 28335, in the Superior Court of San Diego County. The petition alleged that a police officer had reported to the affiant district attorney that defendant was either addicted to the use of narcotics or in imminent danger of addiction. The petition was not accompanied by the affidavit of Dr. Williams; it was not until May 23, 1963, that a duplicate signed copy of the affidavit of examining physician was filed in the superior court, after its absence had been pointed out in defendant’s opening brief.

On the day the petition was filed the court made an order detaining the defendant and ordered further that defendant be delivered for examination at the county phychiatrie ward on September 13, and for hearing on September 14.

On September 14, a certificate of medical examiners was filed wherein two examining doctors concluded that defendant was in imminent danger of narcotic addiction. The same day the hearing was continued to September 19. On September 19, a second certificate was filed by examining doctors diagnosing [425]that the defendant was in imminent danger of becoming a narcotic addict. After the hearing on September 19, the court concluded that the defendant was a narcotic addict or in imminent danger of becoming addicted to the use of narcotics, and ordered his commitment to the Director of Corrections. This judgment and commitment was filed September 19.

On September 26, defendant demanded a jury trial which resulted in an 11 to 1 verdict against the defendant. On October 11, he was again ordered committed.

Defendant attacks the constitutionality of Penal Code sections 6500 to 6510. These questions previously have been considered and resolved in favor of upholding the statutes. (In re De La O, 59 Cal.2d 128 [28 Cal.Rptr. 489, 378 P.2d 793]; In re Butler, 59 Cal.2d 157 [28 Cal.Rptr. 508, 378 P.2d 812]; In re Raner, 59 Cal.2d 635 [30 Cal.Rptr. 814, 381 P.2d 638].)