Berry

Defendant was convicted in 1964 of possessing heroin and marijuana for sale in violation of sections 11500.5 and 11530.5 respectively of the Health and Safety Code. At the time of this conviction he was on probation following conviction in 1959 of possession of marijuana in violation of section 11530 of the Health and Safety Code. On June 11, 1964, after reading the probation report, the court found that defendant was probably addicted to the use of narcotics, revoked probation in the earlier case and ordered that proceedings be initiated with respect to him under Penal Code section 6451. Later, the superintendent of the rehabilitation center (under authority of the Director of Corrections ) certified to the court pursuant to Penal Code section 6453 that defendant was not a fit subject for confinement or treatment at the center. The court ordered defendant returned for further proceedings and thereafter revoked probation in the earlier case (superior ct. No. 211580) and denied probation in the later ease. (Superior ct. No. 284286.) Thereupon the court sentenced defendant to state prison in the later case and county jail in the earlier case, both sentences to run concurrently. He…