Crisp

People v. Crisp

Good Law
1969 Cal. LEXIS 317·71 Cal. 2d 1235·78 Cal. Rptr. 169·455 P.2d 105
Supreme Court of CaliforniaJune 18, 1969Crim. No. 13126California346 words

Opinion

lead Opinion

Traynor, J.

In May 1962 a court sitting without a jury found defendant guilty of possession of heroin (Health & Saf. Code, § 11500). Before sentencing, the court found that “defendaiit is addicted or by reason of repeated use of narcotics, is in imminent danger of becoming addicted to narcotics,” adjourned the criminal proceedings, and committed defendant for treatment pursuant to Penal Code section 6541. 1 In November 1966 the court reinstated the criminal proceedings and sentenced defendant to imprisonment for the term prescribed by law. Defendant appeals.

Defendant contends that his conviction must be reversed because- a confession obtained in violation of the rules subsequently announced in Escobedo v. Illinois (1964) 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ] and People v. Dorado *1236 (1965) 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ] was introduced at his trial. Since we have held that those rules apply to all eases not final before Escobedo was decided on June 22, 1964 (People v. Rollins (1967) 65 Cal.2d 681, 691 [ 56 Cal.Rptr. 293 , 423 P.2d 221 ]; In re Lopez (1965) 62 Cal.2d 368, 372 [ 32 Cal.Rptr. 188 , 398 P.2d 380 ]; In re Shipp (1965) 62 Cal.2d 547, 549 [ 43…

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