Hernandez

In case No. 328428, the defendant was charged with possession of heroin for sale (Health & Saf. Code, § 11500.5), and was found guilty of the lesser included offense of possession of heroin (Health & Saf. Code, § 11500.)

In case No. A-100857 defendant was charged with violation of Health and Safety Code section 11500.5 and was found guilty as charged.

In case No. A-101776 defendant was charged with violation of Health and Safety Code section 11500, and was found guilty as charged.

Proceedings were adjourned, defendant was referred to department 95 to determine whether defendant was addicted to the use of narcotics or in imminent danger of becoming addicted.

Defendant was committed by department 95 to the California Rehabilitation Center (hereinafter sometimes referred to as the CRC); he was rejected by the CRC): he was returned to court, application to recommit defendant to the CRC was denied, and defendant was sentenced to state prison for the term prescribed by law, terms to run concurrently. Defendant appeals from the conviction.

Facts

The judge in department 95 found defendant eligible for the narcotics rehabilitation program, and defendant was committed to the…