In re Cruz

This matter is before us on an order to show cause issued upon an application for habeas corpus filed in propria persona by petitioner Harry A. Cruz, who is confined for treatment as a narcotics addict (Pen. Code, § 6450) in the branch,of the California Rehabilitation Center located in the California Men’s Colony, East Facility. We appointed counsel to represent petitioner in these proceedings.

Petitioner contends that in the prehearing stages of his commitment process the authorities failed in several respects to comply with the strict statutory requirements of Penal Code section 6450 1 and hence that his commitment is invalid under In re Jones (1964) 61 Cal.2d 325, 327 [1]-328 [3] [ 38 Cal.Rptr. 509 , 392 P.2d 269 ], and In re Raner (1963) 59 Cal.2d 635, 641-643 [6] [ 30 Cal.Rptr. 814 , 381 P.2d 638 ]. We need' not reach that issue, however, for the record shows that in the course of the proceedings petitioner personally asked to be committed, and with advice of counsel and full knowledge of *310 his rights signed a waiver of the statutory requirements that were held controlling in Raner and Jones . The facts also fail to support petitioner’s second main contention, i.e., that…