Chew

Defendant Schick Chew appears in this court (1) on direct appeal from a judgment convicting him of a felony upon his plea of guilty, and (2) as petitioner in a coram nobis proceeding in which he challenges the validity of the plea.

An information filed in the superior court on May 24, 1965, charged defendant and two other persons with possession of a narcotic (codeine) in violation of Health and Safety Code section 11500. He moved to set aside the information pursuant to Penal Code section 995; this motion having been denied on July 2, 1965, he entered a plea of not guilty to the charge on that date. On July 16, with the trial court’s permission, he withdrew the plea, entered a plea of guilty, and was arraigned for judgment. Upon petition by the district attorney alleging him to be a narcotics addict pursuant to former Penal Code section 6451 (which was then in effect; see present Welf. & Inst. Code, § 3051), defendant was committed to the California Rehabilitation Center (hereinafter “CRC”) on November 10, 1965. He was represented by the public defender at all pertinent times during the foregoing proceedings.

He was thereafter released from the CRC twice and returned…