Benedict

People v. Benedict

Good Law
1969 Cal. App. LEXIS 1422·2 Cal. App. 3d 400·82 Cal. Rptr. 759
Court of Appeal of CaliforniaDecember 8, 1969Crim. 16485California2,055 words

Opinion

Opinion

Lillie, J.

On October 31, 1968, Officer Beach filed Application For Admission Of Alleged Narcotic Drug Addict under section 3100.6, Welfare and Institutions Code, naming appellant; the next day appellant was examined by Dr. Lavelle after which he was ordered detained under section 3102, and Petition for Commitment as Narcotic Drug Addict (§ 3100.6, Welf. & Inst. Code) was filed November 6, 1968. On November 20, 1968, the matter was heard in Department 95-A by Commissioner Reese as a Judge pro tempore. The court found appellant to be a narcotic drug addict and committed him to the California Rehabilitation Center for placement; immediately thereafter he demanded a jury trial. Execution of the commitment order was stayed pending the outcome of the jury trial. On January 13, 1969, the jury found him to be a narcotic drug addict. Based on the jury’s verdict the court found appellant to be a narcotic drug addict and committed him to the California Rehabilitation Center in execution of the order previously made on November 20, 1968. He appeals from the “sentence and disposition;” we construe the appeal to be from the order of commitment.

On the court trial on November 20, 1968, a hearing…

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