Blackwell

In 1965 appellant was convicted of two counts of selling heroin and one count of selling a substance in lieu of heroin, in superior court case number 288780. On January 7, 1966, he was sentenced to be imprisoned in the state prison on that case, but he remained free on bail pending appeal. In July 1967, while the appeal in that case was still pending, appellant was charged in the instant case, number A 217758, with sale of heroin in violation of former Health and Safety Code section 11501. In a court trial he was found guilty of possession of heroin in violation of former Health and Safety Code section 11500, a lesser but necessarily included offense. Criminal proceedings were adjourned and appellant was committed as a drug addict pursuant to Welfare and Institutions Code section 3051.

In October 1968 the judgment of conviction in number 288780 was affirmed by the Court of Appeal. Since appellant had in the meantime been committed to the California Rehabilitation Center in number A 217758, the court in number 288780 vacated the sentence of imprisonment in the state prison and committed appellant pursuant to Welfare and Institutions Code section 3051.

In July 1973 the…