In Re Martin

Good Law
125 Cal. App. 3d 896·178 Cal. Rptr. 445·1981 Cal. App. LEXIS 2376
Court of Appeal of CaliforniaNovember 23, 1981Crim. 23195California2,776 words

Opinion

Opinion

White, J.

This petition, filed in pro. per. by an inmate, seeks good time/work time for a period of some eight months during which he was committed to California Rehabilitation Center under civil addict proceedings (Welf. & Inst. Code, § 3051). We have concluded that he is entitled to the credit he seeks.

The parties agree to the following statement of facts:

On July 21, 1980, petitioner pleaded guilty in Contra Costa County Superior Court to four counts of forgery (Pen. Code, § 470) (Super. Ct. No. 24059) and one count of burglary (Pen. Code, § 459) and possession of a deadly weapon (Pen. Code, § 12020) (Super. Ct. No. 24335). On the same day the trial court instituted civil addict proceedings under Welfare and Institutions Code section 3051.

On July 25, 1980, petitioner was received by the California Department of Corrections, Northern Reception Center (hereafter NRC-CMF) and was then transferred to the California Rehabilitation Center (hereafter CRC) on August 1, 1980. Petitioner was ultimately found unsuitable for the civil addict program at CRC and was returned to Contra Costa County Súperior Court on April 1, 1981, where he was sentenced to state prison for two years. He…

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