Salazar

Ricardo Salazar pleaded guilty to a charge of possessing heroin (Health & Saf. Code, § 11500). The trial court decided Salazar was addicted or in danger of becoming addicted to narcotics and ordered a hearing under Welfare and Institutions Code, section 3051 (formerly Pen. Code, § 6451). The criminal proceedings were adjourned, a hearing was held, and on May 1, 1963, Salazar was committed to a narcotics rehabilitation center. On July 1, 1964, Salazar obtained a writ of habeas corpus and was discharged from the center. He was returned to the criminal court, the adjourned proceedings were reopened, and he was sentenced to state prison. He appeals, contending the court did not have jurisdiction to sentence him to prison until after a valid hearing on his fitness for commitment to a narcotics rehabilitation center had been held under Welfare and Institutions Code, section 3051.

The procedure for civil commitment implements a program of compulsory treatment and rehabilitation for narcotics addicts. (Welf. & Inst. Code, §§ 3000, 3001 (formerly Pen. Code, §§ 6399, 6400); In re De La O, 59 Cal.2d 128, 148-149 [ 28 Cal.Rptr. 489 , 378 P.2d 793 ], cert. den. 374 U.S. 856 [ 83 S.Ct. 1927 ,…