People v. Brothers

WHELAN, J. On April 28, 1967, defendant, then on parole from state prison, pleaded guilty to a charge of possession of heroin and admitted having suffered a prior conviction of possession of a narcotic in violation of section 11500, Health and Safety Code.

On May 17, 1967, after appropriate proceedings, defendant was ordered committed to the California Rehabilitation Center (CRC).

Under date of August 11, 1967, the superintendent of CRC wrote the superior court that he had determined defendant was not a suitable candidate for treatment in CRC because of “extensive and chronic criminality and a diagnosis of inability or unwillingness to profit significantly from repeated exposure to therapy and rehabilitative programs. ’ ’

In support of the finding, the superintendent recited that the criminal history included a conviction of strong-armed robbery in which the victims were seriously beaten.

The letter stated also that defendant’s parole had been revoked by the Adult Authority on August 8, 1967, and defendant was being returned to a regular facility of the Department of Corrections.

Having been ordered returned to the superior court for further proceedings on the criminal charge, the superior Court; on September 14, 1967, ordered defendant returned to CRC.....

...However, because of the revocation of parole, defendant found-his way into a facility of the Department of Corrections other than CRC. ':

• Thereafter defendant filed with the Superior Court of San Diego County a petition for writ of habeas corpus' and appeared beforé the court on January'4,1968. '

By stipulation a hearing then had was one for pronouncement of judgment, unless, in the. habeas corpus hearing legal cause should appear why judgment should'not be pronóuiieéd.Defendant waived formal arraignment for judgment.

. The .court then .heard the evidence presented in support: of the petition for writ of habeas corpus. Wood, the .superintendent of, and West, defendant’s correctional counselor at, CRC, testified. West,, with-most personal- contact with .defendant, liad favored defendant’s retention in the- program -at CRC. Wood explained the procedures used at CRC for eváíuating--persons committed by" the courts^ to CRC. A man-.committed-there who was on parole • from • a-,p"enal- commitment, to. the director of corrections was known-'as-a dual commitment; [87]