Wisdom

Defendant appeals from judgments in separate actions sentencing him to imprisonment in the state prison for robbery in the second degree and attempted burglary. The judgments were entered May 9, 1974. Préviously, imposition of sentence in each action had been suspended and orders made, pursuant to Welfare and Institutions Code section 3051, directing petitions be filed to determine whether defendant should be committed to the Director of Corrections for detention, treatment and rehabilitation in the narcotics facility of the State of California.

Section 3051 provides, upon conviction of a defendant, if it appears to the judge he may be addicted or in imminent danger of being addicted to narcotics, the, court may adjourn the proceedings, or suspend imposition or execution of sentence, and order the district attorney to file a petition to determine whether defendant should be committed to the Director of Corrections for detention, treatment and rehabilitation in a narcotics facility “unless, in the opinion of the judge, the defendant’s record and probation report indicate such a pattern of criminality that he does not constitute a fit subject for [treatment] under this…