Juan Padilla v. Hon. Harold J. Ackerman

460 F.2d 477 Juan PADILLA et al., Plaintiffs-Appellants, v. Hon. Harold J. ACKERMAN et al., Defendants-Appellees. No. 25146. United States Court of Appeals, Ninth Circuit. May 5, 1972. Ralph M. Segura, Los Angeles, Cal., for plaintiffs-appellants. Russell Iungerich (appeared), Jack K. Weber, Deputy Attys. Gen., William E. James, Asst. Atty. Gen., Thomas C. Lynch, Cal. Atty. Gen., Los Angeles, Cal., for defendants-appellees. Before KOELSCH and CARTER, Circuit Judges, and BEEKS, * District Judge. KOELSCH, Circuit Judge. 1 The State of California has by statute instituted an elaborate program for the medical treatment of defendants convicted of crime and who are "addicted or by reason of repeated use of narcotics may be in imminent danger of becoming addicted to narcotics. . . ." California Welfare and Inst. Code Sec. 3051. Immediately upon the conviction of a defendant who appears to have a narcotics problem, the trial court is required to "adjourn the proceedings or suspend imposition or execution of the sentence and order the district attorney to file a petition for commitment of the defendant to the Director of Corrections for confinement in the narcotic detention, treatment and…