Brandon

In this case, we hold that where a defendant pleads guilty to a felony before a municipal court judge sitting as a magistrate, the defendant has not been convicted “in a municipal . . . court” within the meaning of section 3050 of the Welfare and Institutions Code, specifying procedures to determine eligibility for commitment to the California Rehabilitation Center (CRC). (Further statutory references are to the Welfare and Institutions Code unless otherwise indicated.) Rather, the defendant has been convicted in superior court, so that section 3051 specifies the appropriate procedures.

Procedural Background

In exchange for a low term ceiling on sentencing and no enhancements for prior convictions, on January 12, 1988, defendant pled guilty before a municipal court judge sitting as a magistrate to unlawful possession of a controlled substance. (Health & Saf. Code, § 11350.)

Because the charge was a felony, the matter was certified to the superior court for sentencing pursuant to Penal Code section 859a. The probation report stated that defendant began smoking cocaine two years earlier, felt that cocaine was becoming a problem, and would use cocaine daily if he could…