Salcido

Petitioner, stands convicted in the Superior Court of Los Angeles County of the crime of burglary, but as yet has not been sentenced. He petitions this court for a writ of mandate to compel that court to hold a hearing pursuant to Welfare and Institutions Code 3051 to determine whether he is a drug addict and if so whether he should be committed to the California Rehabilitation Center.

We originally denied the petition. On a petition for hearing to the California Supreme Court, that court returned the matter to us and di reeled that we issue an alternative writ. We complied and calendared the matter for oral argument. We are of the opinion that the petition should again be denied.

Following petitioner’s conviction, proceedings in the trial court were suspended and he was referred to Department 95 of the Los Angeles County Superior Court, the department which handles such matters, to determine whether petitioner was a person within the purview of section 3051. A petition alleging that fact was duly filed and a qualified psychiatrist was appointed to examine petitioner.

When the appointed doctor reported to the court that petitioner was not addicted to narcotics within…