People v. Johnson

Appellant was convicted for driving while under the influence of a narcotic (violation of Veh. Code, § 23105). Criminal proceedings were adjourned, a petition was filed pursuant to Penal Code, section 6451 (now Welf. & Inst. Code, § 3051), and the proceedings were transferred to department 95 of the superior court to determine whether appellant was either a narcotic addict or in imminent danger of becoming addicted to narcotics.

Two doctors were appointed in accordance with the applicable sections of the Welfare and Institutions Code to examine appellant and report to the court. On March 9, 1965, following a hearing, the court found appellant to be . . a drug addict within the meaning of Section 6451 Penal Code” and committed appellant to the custody of the Director of Corrections at the California Rehabilitation Center at Corona.

The hearing of March 9 was unopposed. As stated in People v. Bruce, 64 Cal.2d 55, at p. 59 [ 48 Cal.Rptr. 719 , 409 P.2d 943 ] : “In the vast majority of cases dealing with mentally ill persons, as well as with narcotic addicts, such petitions are unopposed, and the proceedings tend to be summary in nature. For this reason the Legislature has afforded…