Gray

In an information filed on May 10, 1967, by the District Attorney of Los Angeles County, defendant was charged with a violation of Penal Code section 487, subdivision 1, grand theft. A prior felony conviction was also alleged. Defendant waived trial by jury. Trial was by the court and the matter was submitted on the preliminary hearing transcript. Defendant was found guilty, and it appearing to the court that he was in imminent danger of being addicted to narcotics, the court adjourned criminal proceedings and thereafter, on September 26, 1967, he was determined to be a narcotics addict within the meaning of Welfare and Institutions Code section 3051, and committed to the California Rehabilitation Center (CRC) for the period prescribed by law.

Subsequently defendant was excluded from CRC after his conviction of violating Penal Code section 496, receiving stolen property, in 1975 and his sentence on October 22, 1975, to 365 days in county jail on that conviction. Criminal proceedings on his grand theft conviction were resumed on December 15, 1975, and defendant was sentenced to state prison on January 14, 1976.

Defendant’s first contention is that the trial court had no…