Meza

Roy David Meza (defendant) in each of two cases appeals from a judgment of commitment to state prison.

Appeal #4255 is from a judgment entered on October 10, 1969, following defendant’s plea of guilty of possession of heroin (Health & Saf. Code, § 11500).

Appeal #4256 is from a judgment imposing a concurrent sentence entered January 27, 1970, for the crime of driving under the influence of a narcotic drug, committed October 1, 1963.

Defendant had pleaded guilty to the latter charge; criminal proceedings had been suspended and proceedings had under Welfare and Institutions Code section 3051 which resulted in defendant’s commitment on January 15, 1964, to California Rehabilitation Center (CRC) for treatment for narcotic addiction.

That commitment was for seven years. Defendant was on parole from CRC when he was found in possession of the heroin for which he was sentenced on October 10, 1969.

At the time defendant was sentenced on October 10, 1969, the court considered defense counsel’s request to suspend the criminal proceedings for another proceeding under Welfare and Institutions Code section 3051. At that time the court had before it a probation report that showed…