In re Jones

Petitioner, Robert Allen Jones, was committed to the California Rehabilitation Facility for treatment as a narcotic addict. In this habeas corpus proceeding, filed in propria persona, he attacks that commitment for failure to comply with the statutory procedural safeguards set forth in section 6451 of the Penal Code. 1 There is merit to this contention.

In January of 1963, petitioner was charged with three counts of forgery. He pleaded not guilty and not guilty by reason of insanity. The court appointed two alienists to examine him. They reported that he was legally sane. This *327 answered the only question submitted to them. On March 21, 1963, petitioner, now represented by the public defender, withdrew his prior pleas and pleaded guilty to one count of forgery. The court dismissed the other counts and continued the matter until April 11th for report and sentencing. On that date the court committed petitioner to the California Medical Facility at Vacaville as a narcotic addict, under Penal Code sections 6400 et seq. It is conceded that this commitment was invalid.

The following day, April 12th, the court set aside its commitment order of the 11th. It then held a “narcotic…