Elmore

Appellant Wade T. Elmore was convicted in the Justice Court of the Brawley Judicial District of violation of Penal Code section 415 (disturbing the peace). Upon conviction the court suspended the criminal proceedings pursuant to Welfare and Institutions Code section 3050, and ordered the district attorney to file a petition in the Superior Court of Imperial County to ascertain whether Elmore was addicted to the use of narcotic drugs or by reason of repeated use of narcotic drugs was in imminent danger of becoming so addicted. Such petition was filed, medical examiners were appointed, a hearing was had, and the court found Elmore “is a drug addict or in imminent danger of becoming such.”

Appellant demanded a jury trial pursuant to Welfare and Institutions Code section 3108. A jury trial was held on July 29, 1968, and the jury by its verdict found appellant was in imminent danger of becoming a narcotic drug addict. Appellant, his counsel and the district attorney stipulated the cause could be consolidated with another case in which appellant had been certified for narcotic addiction proceedings by the superior court. The court ordered defendant committed to the Norco Rehabilitation…