People v. Miller

Defendant, on parole from the state prison on a prior felony conviction, was charged with the sale of heroin (§ 11503, Health & Saf. Code). The cause was submitted on the transcript of the testimony taken at the preliminary hearing ; additional testimony was taken. The trial court found defendant guilty. Thereafter on February 17, 1966, upon defendant’s request, criminal proceedings were adjourned and the ease was certified to department 95 for proceedings under section 3051, Welfare and Institutions Code. On March 8, 1966, an order was entered therein finding defendant was in imminent danger of becoming a narcotic addict and committing him to the Director of Corrections, California Rehabilitation Center. He was received at the center on March 11, 1966, and on April 26, 1966, defendant's parole was revoked by the Adult Authority and he was ordered returned to the state prison. Thereafter on May 26, 1966, the superintendent of the California Rehabilitation Center reported to the trial judge that he evaluated defendant as not a fit subject for treatment at the center; on his certification defendant was returned to the superior court where the proceedings in department 95 were…