People v. Sanford

Opinion

CHANNELL, J. Pursuant to a negotiated plea, appellant Brenda Lee Sanford pled guilty to one count of selling cocaine. (Health & Saf. Code, § 11352.) She was sentenced to five years in state prison.

At sentencing the court did not consider whether to institute civil commitment proceedings pursuant to Welfare and Institutions Code section 3051, although the court found that Sanford was addicted to or in danger of becoming addicted to use of cocaine. The court did refer to her social background in its decision not to grant Sanford probation. The judge noted that she had two casual relationships that produced children and that neither of these relationships nor those with her family gave her a positive social background.

On appeal, Sanford contends that the court erred by failing to consider initiation of civil commitment proceedings and by basing its denial of [1183]probation, in part, on the fact that she has two illegitimate children. We reverse the sentence and remand the case.1

Discussion

First, Sanford contends that the sentencing court erred by failing to consider whether civil commitment proceedings should be instituted. Although Sanford did not raise this issue at trial, she may do so for the first time on appeal. (People v. Pineda (1965) 238 Cal.App.2d 466, 473 [47 Cal.Rptr. 879].)

Under section 3051 of the Welfare and Institutions Code, when a defendant is convicted of a felony and is to be sentenced, execution of sentence must usually be suspended if it appears to the judge that the defendant may be addicted or by reason of repeated use of narcotics may be in imminent danger of becoming addicted to narcotics. The judge must order the district attorney to file a petition for the defendant’s commitment to the Director of Corrections for confinement at the California Rehabilitation Center unless, in the judge’s opinion, the defendant’s record and probation report indicate such a pattern of criminality that he or she does not constitute a fit subject for this commitment.

In this case, the sentencing court found that Sanford was addicted to or in danger of becoming addicted to narcotics. Therefore, the statute requires the initiation of further proceedings to determine whether she should be committed, unless the judge finds her unfit for such a commitment. (People v. Navarro (1972) 7 Cal.3d 248, 263 [102 Cal.Rptr. 137, 497 P.2d 481]; People v. Perez (1987) 196 Cal.App.3d 686, 691 [242 Cal.Rptr. 135]; People v. Lopez (1978) 81 Cal.App.3d 103, 110 [146 Cal.Rptr. 165].)