Morales

Defendant was convicted of the offense of robbery in the first degree, in the commission of which he used a firearm. Judgment of imprisonment was pronounced. He appeals, contending the court erred in refusing to institute proceedings under Welfare and Institutions Code section 3051 for commitment and treatment as a narcotic addict because it applied an erroneous standard in determining defendant’s eligibility for treatment.

On April 29, 1974, the date set for hearing an application for pronouncement of judgment, several alternative dispositions were considered by the court, defense counsel, the district attorney and the probation officer. Included was a proposed commitment to the California Rehabilitation Center (CRC) for treatment as a narcotic addict. The expressed belief defendant was a heroin addict and needed treatment was not denied. The issue was where he should get the treatment, i.e., whether while on probation, at CRC, a California Youth Authority facility or in prison. The reasons for and against placement in one of these facilities were subjects of a conglomerate consideration culminating in an order to place defendant temporarily in a diagnostic facility of…