Garcia

People v. Garcia

Caution
1967 Cal. App. LEXIS 1888·256 Cal. App. 2d 570·64 Cal. Rptr. 370
Court of Appeal of CaliforniaNovember 30, 1967Crim. 13099California2,632 words

Opinion

Opinion

Cobey, J.

This is an appeal from an order of involuntary commitment to the California Rehabilitation Center made upon a jury verdict that appellant was a narcotic drug addict. These civil commitment proceedings were initiated pursuant to Welfare and Institutions Code, section 3050, after appellant’s conviction on July 26, 1966, of a violation of Health and Safety Code, section 11721—a misdemeanor— illegal use or being under the influence of narcotics. The appeal lies. (Code Civ. Proc., § 963, subd. (1); In re Be La 0, 59 Cal.2d 128, 156 [ 28 Cal.Rptr. 489 , 378 P.2d 793 , 98 A.L.R.2d 705 ], cert. den. 374 U.S. 856 [ 10 L.Ed.2d 1076 , 83 S.Ct. 1927 ].)

Appellant seeks reversal of the commitment order upon the following grounds: (1) federal constitutional error in the admission of appellant’s extrajudicial incriminating statements, (2) improper procedure in that the jury’s verdict of addiction was not unanimous, (3) irregularities in procedure in that the required certificate of the two medical examiners was inaccurate, (4) insufficiency of the evidence which at most proved habitual use rather than addiction.

The pertinent facts are as follows. On May 25, 1966, appellant was released from…

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