In re Raner

This matter is before us on an order to show cause issued upon an application for writ of habeas corpus filed in propria persona by petitioner James G. Raner, who is confined as a narcotics addict for treatment in the California Rehabilitation Center under an order of commitment entered by the superior court purportedly pursuant to article 3, chapter 11, title 7, of part III of the Penal Code (§§ 6500-6510, which deal with commitment to that facility of “persons not charged with a crime”). We appointed counsel to represent petitioner in these proceedings.

In In re De La O (1963) ante, 128 [ 28 Cal.Rptr. 489 , 378 P.2d 793 ], and In re Butler (1963) ante, 157 [ 28 Cal.Rptr. 508 , 378 P.2d 812 ], we upheld as constitutional chapters 11 and 12, title 7, of part III of the Penal Code, including therefore the particular statutory provisions claimed to constitute the authority under which the present petitioner was committed to the California Rehabilitation Center. Citing Robinson v. California (1962) 370 U.S. 660 [ 82 S.Ct. 1417 , 8 L.Ed.2d 758 ], petitioner first attacks the constitutionality of such provisions on substantially the same grounds as those discussed in In re De La O,…