People v. Rodriguez

DRUCKER, J. pro tem.*

Statement of the Case

A petition to commit appellant as a narcotic drug addict was filed by the district attorney on June 20, 1967, in accordance with the provisions of section 3100 of the Welfare and Institutions Code (under art. 3, entitled “Involuntary Commitment of Persons Not Charged With a Crime”).

There was also filed on the same day an application for admission of appellant as an alleged narcotic drug addict under section 3100.6 of the Welfare and Institutions Code. An affidavit of examination within twenty-four hours by Patrick J. Lavelle, M.D., was filed with the said petition. The affidavit stated in part: “This examination determined that the patient had slurred speech, he was perspiring profusely, and the pupils were dilated to 7.0 mm in the dark and contracted to 6.0 mm in the light of a flashlight. These are the dilated pupils of a patient who had the last ‘fix' approximately 24 hours before the examination. The patient demonstrated old tracks and recent puncture wounds on the arms. On the right arm, there were old scars ... in the bend of the elbow itself, was a roughly Y-shaped newly formed indurated, reddened track; and superimposed on the track were at least 10 fresh puncture wounds estimated from 1 to 10 days old. . . .’’In an addendum attached to the affidavit the doctor concludes: “It is this examiner’s opinion that this patient is an actual narcotic addict, and at the time of this examination is in mild and early stages of narcotic withdrawal. ’ ’

The order of detention in accordance with section 3102 of the Welfare and Institutions Code was signed June 20, 1967.

A deputy public defender was appointed, and appellant was arraigned. At the hearing both parties presented evidence on the issue of probable cause.

The court found appellant to be a narcotics addict within the meaning of section 3100 of the Welfare and Institutions Code and committed him to the California Rehabilitation Center at Corona.

Appellant appeals from said order.

Facts

Deputy Sheriff Edward Douglas, assigned to the Firestone [731]Station, testified that on June 18, 1967, he and his partner observed a car making an unsafe entry on Florence Avenue from Whitsett. They followed the car, attempting to stop it for the Vehicle Code violation. The car proceeded to make four righthand turns, completely around the block. The deputies turned on the red lights and used the horn to attract attention. The car proceeded for approximately three blocks westward on Florence. During this time the occupants of the vehicle, on several occasions, turned and looked in the direction of the police vehicle. The car finally came to a stop in a parking lot just east of Compton Avenue.