McCowan

Following defendant’s plea of guilty to one count of a grand jury indictment charging the violation of Health and Safety Code section 11500 (possession of heroin), criminal proceedings were adjourned, defendant was found to be a drug addict and was committed by the superior court to the California Rehabilitation Center pursuant to Penal Code section 6451 (now Welf. & Inst. Code, § 3051). Subsequently, the superintendent of the rehabilitation center (under the authority of the Director of Corrections) certified to the court that defendant was not a fit subject for further confinement or treatment at the center. The court ordered defendant returned for further proceedings. He was then denied probation and sentenced to state prison. This is an appeal from the judgment.

Defendant contends that the trial court failed to determine that the superintendent had not abused his discretion in rejecting him from further treatment at the rehabilitation center.

Background facts pertinent to a discussion and resolution of this contention are set out below.

Defendant was committed to the rehabilitation center on January 15, 1964. The minutes of the superior court of April 19, 1965, indicate…