Hartsfield

On December 18, 1978, defendant, then represented by counsel, entered a bargained-for plea of guilty to second degree burglary, a felony. As part of the plea bargain, defendant was promised that he would not be sent to state prison. The prosecutor petitioned for defendant’s commitment as a narcotic addict (Welf. & Inst. Code, § 3051) and on February 9, 1979, he was ordered committed to the *507 California Rehabilitation Center (CRC). Defendant was never physically delivered to CRC because, on December 30, 1978, while still confined in the county jail, he had been charged with sodomy (Pen. Code, § 286, subd. (d)). On July 10, 1979, defendant was found guilty of sodomy and, on August 22, 1979, he was sentenced for that offense to state prison for four years.

On September 28, 1979, defendant was returned to court from prison pursuant to a determination by the superintendent of CRC that he was ineligible for participation in the civil addict program as a result of his state prison sentence for sodomy. Criminal proceedings were reinstated in the burglary case, defendant’s request to proceed in propria persona was granted and a supplemental probation report was ordered.

On…

J.—I concur.

I concur in the result and in the opinion except as to part IV. 1 would remand the case to the trial court for an express sentence in accordance with the Rules of Court.

On December 18, 1978, defendant, then represented by counsel, entered a bargained-for plea of guilty to second degree burglary, a felony. As part of the plea bargain, defendant was promised that he would not be sent to state prison. The prosecutor petitioned for defendant's commitment as a narcotic addict (Welf. & Inst. Code, § 3051) and on February 9, 1979, he was ordered committed to the California Rehabilitation Center (CRC). Defendant was never physically delivered to CRC because, on December 30, 1978, while still confined in the county jail, he had been charged with sodomy (Pen. Code, § 286, subd. (d)). On July 10, 1979, defendant was found guilty of sodomy and, on August 22, 1979, he was sentenced for that offense to state prison for four years.

On September 28, 1979, defendant was returned to court from prison pursuant to a determination by the superintendent of CRC that he was ineligible for participation in the civil addict program as a result of his state prison sentence for sodomy. Criminal proceedings were reinstated in the burglary case, defendant's request to proceed in propria persona was granted and a supplemental probation report was…