Hames

In 1969, defendant was charged with possession of heroin, in violation of (then) section 11500 of the Health and Safety Code. On July 11, 1969, he pled nolo contendere to that charge. The criminal proceedings were suspended and, on August 14, 1969, defendant was committed to the California Rehabilitation Center, pursuant to section 3051 of the Welfare and Institutions Code. In March of 1973, the trial court was advised, by a letter from the superintendent of that facility, that defendant had been found unfit for treatment because of a detainer filed against him by the State of Nevada. The criminal proceedings were resumed. On March 5, 1973, defendant’s then counsel, a deputy public defender, waived hearing on the exclusion and proceeded to argue for a grant of probation. The matter was continued for a current probation report. When the criminal proceedings were resumed, on March 26, 1973, defendant substituted private counsel for the public defender. The new counsel moved to withdraw both the plea of nolo contendere and the waiver of an exclusionary hearing. Both motions were denied and defendant was sentenced to state prison. On April 23, 1973, he appealed from the order…