Beasley

In March 1980, in Fresno County Superior Court action No. 249896-2, appellant was convicted on his guilty plea of possession of heroin (Health & Saf. Code, § 11350) and placed on three years felony probation. In March 1982, in Fresno County Superior Court action No. 279486-5, he pleaded guilty to grand theft person (Pen. Code, § 487). In May 1982, he was sentenced to prison for the 3-year upper base term for the grand theft plus a concurrent 16-month lower base term for the heroin possession. The judge rejected a defense request he initiate narcotics addict commitment proceedings (Welf. & Inst. Code, § 3051), finding insufficient evidence to believe that appellant “is addicted or in imminent danger of becoming addicted to the use of narcotics.”

Appellant contends the judge abused his discretion in refusing to institute narcotics addict commitment proceedings as recommended by two probation officers, based on his statement he had been free-basing cocaine for the past six months, at a weekly rate of $600. Respondent counters the judge could dismiss appellant’s claims of cocaine use in light of his previous denials of drug use in 1980 and 1982 plus three negative drug tests…