People v. Gonzales

This is an attempted appeal from an order denying a motion “to set aside the conclusion of the Director *445 of Corrections that Defendant was not a fit subject for treatment” and from the judgment of conviction of possessing heroin.

In an information filed in Los Angeles County on July 6, 1965, defendant was charged with having possession of heroin on the 15th day of June, 1965. It was further charged that in January 1947, he had been convicted of a violation of section 11500, Health and Safety Code; that in the State of Colorado in 1951 he had been convicted of burglary; that in 1955 he had been convicted of a violation of section 11500, Health and Safety Code, in California; and that in 1959 he had been convicted of a violation of section 11500, Health and Safety Code, in California. In a trial before the court without a jury on August 27, 1965, defendant was found guilty as charged, and it was further found on September 30, 1965, that the second and fourth charged prior convictions were true. Proceedings were adjourned and defendant was found to be a narcotics addict; however, he was subsequently rejected by the Director of the California Rehabilitation Center and returned to…