Granado

People v. Granado

Good Law
1994 Cal. App. LEXIS 92·22 Cal. App. 4th 194·27 Cal. Rptr. 2d 286·94 Daily Journal DAR 1951·94 Cal. Daily Op. Serv. 1140
Court of Appeal of CaliforniaFebruary 3, 1994F018887California2,927 words

Opinion

Opinion

Thaxter, J.

—We hold here that when a trial court refuses to initiate civil narcotic addict commitment proceedings under Welfare and Institutions Code section 3051 because of the defendant’s pattern of criminality, it must, under California Rules of Court, rule 406(b), give a statement of reasons which at least point to the factors upon which the court relied.

Factual and Procedural Background

At a preliminary hearing, Bakersfield Police Officer Raymond Pewitt testified that on August 11, 1992, he went to a house on Beech Street to investigate a report of a man standing in the backyard firing a firearm. Pewitt had also been informed of the possibility that the residents of this house were growing ana plants in the backyard. On arrival, Pewitt encountered Anthony Baldonado. Baldonado was not holding a weapon. While speaking with Baldonado, Pewitt noted a “small dirt plot” in the middle of the grass yard which appeared to be prepared for planting.

Pewitt left the scene and obtained more information on Baldonado from the sheriff’s Based on this information and his own observations, he obtained a search warrant and returned to the house. Inside the house he and other officers found…

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