People v. Reyes

[772]Opinion

THE COURT.* On appeal following his guilty plea, Russell Patrick Reyes, Sr., challenges the trial court’s imposition of a prison sentence. He contends that once civil narcotics commitment proceedings were instituted pursuant to Welfare and Institutions Code section 3051,1 the trial court lacked jurisdiction to order any disposition other than a commitment to the California Rehabilitation Center (CRC). Respondent counters that the trial court was without jurisdiction to institute civil commitment proceedings to begin with, because sentence had not yet been imposed. For the reasons stated herein, we will agree with respondent and affirm the judgment.

Section 3051 sets up a procedure whereby narcotics addicts can receive treatment for their addiction. Under that section, the defendant is convicted of a crime in superior court or has his or her probation revoked, and the trial court imposes sentence. The trial court then determines whether the defendant may be addicted to narcotics or may be in imminent danger of becoming addicted. Should the court find no addiction problem, the previously imposed sentence is executed. But should the court find that an addiction problem may exist, it determines whether the defendant constitutes a fit subject for commitment to CRC or whether, because of his or her pattern of criminality, he or she is not fit for commitment. If the court determines that excessive criminality exists, civil commitment proceedings are not instituted regardless of the defendant’s addiction, and sentence is executed in the criminal case.

If, however, the court finds that the defendant may be addicted or in imminent danger of addiction and the defendant is a fit subject for commitment, execution of sentence is suspended. The trial court then orders the district attorney to file a civil petition for commitment of the defendant to CRC. Upon filing of the petition, the trial court orders the defendant examined by one or, under certain circumstances, two physicians, who in turn issue a written report to the court. If the conclusion of the report is that the defendant is not addicted or in imminent danger of addiction, civil proceedings are terminated and criminal proceedings reinstated, following which sentence is executed in the criminal matter. Should the conclusion of the report be that the defendant is addicted or in imminent danger of addiction, however, a hearing is held in the civil case, following which the court determines whether the defendant is addicted or in imminent danger of addiction. If, after the hearing, the court determines that the defendant is addicted or in imminent danger of addiction, the defendant is committed to