Davis

Facts

In the instant case, appellant, Alton Davis, appeals from the judgment of the lower court denying his referral to the California Rehabilitation Center (CRC) based upon the lower court’s finding that he was not in imminent danger of addiction. (Welf. & Inst. Code, § 3051.) The facts before the trial court disclosed that appellant joined the United States Army at the age of 16. While in the Army, appellant was stationed in the Republic of South Korea where he was first exposed to and experienced narcotic drug usage. Appellant was exposed to heroin cigarettes at the age of 17 and, by the time of his discharge from the Army, he was addicted to the use of heroin. As appellant attempted to support his heroin usage in civilian life, he entered a period between 1950 and 1973 of criminal activity related to maintaining his heroin habit through those years.

During the years between 1950 and 1973, appellant remained free of heroin usage only when incarcerated, sometimes withdrawing from heroin addiction with medical aid while in jail and other times withdrawing “cold turkey.”

In 1974, following release from prison, until 1982, appellant was free from heroin usage (in a…