McGinnis

I.

Introduction

Appellant Marcus Geroy McGinnis pleaded nolo contendere to residential burglary (Pen. Code, § 459) and trespass (Pen. Code, § 602, subd. (Z)). He was sentenced to a total term of six years in state prison. On appeal, he contends that the trial court erred by failing to refer him for an evaluation to determine if he should be confined at the California Rehabilitation Center (CRC) pursuant to Welfare and Institutions Code section 3051. We agree that the trial court abused its discretion in failing to order the evaluation, and therefore vacate the sentence.

II.

Facts and Procedural Background

Appellant has a long history as a hard substance abuser. Presently 22 years of age, he began using marijuana at the age of 13 and methamphetamine at the age of 16. Employed in the fast-food industry and as a delivery person, he has also indicated that after returning home from work each night he would consume beer to the point of becoming nauseated. During this time he never received any treatment. Appellant also has a history of criminal behavior. On April 13, 1998, appellant was convicted of misdemeanor burglary, and on June 5,1998, he pled guilty to possession of…