Munoz

In a trial by jury defendant Munoz was found guilty of three offenses: (1) possession for sale of heroin in violation of section 11500.5 of the Health and Safety Code (count I), (2) possession for sale of seconal in violation of section 11911 of the Health and Safety Code (count II), and (3) possession for sale of an amphetamine in violation of section 11911 of the Health and Safety Code (count III). On October 19, 1971, his motion for a new trial was denied but the trial court reduced each offense to that of a lesser included offense, namely, the conviction as to count I to a violation of section 11500 of the Health and Safety Code, and the convictions as to counts II and III to violations of section 11910 of the Health and Safety Code. Criminal proceedings were adjourned and defendant was referred to department 95, pursuant to the provisions of section 3051 of the Welfare and Institutions Code. On November 4, 1971, he was committed to the California Rehabilitation Center.

By a letter dated March 7, 1972, the California Rehabilitation Center informed the court that defendant was not suitable for the Civil Addict Program because of “excessive trafficking and failure to…