Sunderman

People v. Sunderman

Good Law
1966 Cal. App. LEXIS 1616·244 Cal. App. 2d 628·53 Cal. Rptr. 326
Court of Appeal of CaliforniaSeptember 6, 1966Crim. No. 11565California766 words

Opinion

Lead Opinion

Jefferson, J.

Defendant entered a plea of guilty to a charge of robbery in the first degree. Following a waiver of the provisions of section 6452 of the Penal Code (now Welf. & Inst. Code, § 3052), proceedings were instituted under section 6451 of the Penal Code (now Welf. & Inst. Code, § 3051), and defendant was found to be a narcotic addict and was committed to the California Rehabilitation Center. He arrived at the center on May 7, 1965. He was then on parole for a 1955 burglary conviction. In a letter to the court dated July 15/ 1965, the superintendent of the rehabilitation center, under the authority of Penal Code section 6453 (now Welf. & Inst. Code, § 3053), certified that defendant was not a fit subject for confinement or treatment there. The letter further stated that, after a diagnosis and study by the center’s staff, on June 21, 1965, defendant appeared before the Adult Authority; after considering the recommendation of the superintendent (which apparently was that defendant’s parole should be revoked), the Adult Authority decided to retain jurisdiction and ordered defendant back to state prison under his prior felony commitment. Upon receipt of this correspondence, the court…

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