Urdiain

I-IV

V

Defendant was convicted of two counts of violating section 11351 (possession of heroin and cocaine for sale), and two counts of violating section 11352 (sale of heroin) of the Health and Safety Code. Ledgers introduced at trial demonstrated defendant’s extensive involvement in drug trafficking. At the sentencing hearing, the trial court denied defendant’s request to initiate proceedings to commit him to the California Rehabilitation Center (CRC). Defendant claims that, because he had no prior criminal record, the court’s refusal constituted an abuse of discretion. We disagree.

Welfare and Institutions Code section 3051 provides that, upon conviction, the judge shall order the district attorney to file a petition for CRC commitment “if it appears to the judge that the defendant may be addicted or . . . may be in imminent danger of becoming addicted to narcotics . . . unless, in the opinion of the judge, the defendant’s record and probation report indicate such a pattern of criminality that he or she does not constitute a fit subject for commitment . . . .” The only evidence before the court relating to defendant’s possible addiction was information in the…