Brothers

On April 28, 1967, defendant, then on parole from state prison, pleaded guilty to a charge of possession of heroin and admitted having suffered a prior conviction of possession of a narcotic in violation of section 11500, Health and Safety Code.

On May 17, 1967, after appropriate proceedings, defendant was ordered committed to the California Rehabilitation Center (CRC).

Under date of August 11, 1967, the superintendent of CRC wrote the superior court that he had determined defendant was not a suitable candidate for treatment in CRC because of “extensive and chronic criminality and a diagnosis of inability or unwillingness to profit significantly from repeated exposure to therapy and rehabilitative programs. ’ ’

In support of the finding, the superintendent recited that the criminal history included a conviction of strong-armed robbery in which the victims were seriously beaten.

The letter stated also that defendant’s parole had been revoked by the Adult Authority on August 8, 1967, and defendant was being returned to a regular facility of the Department of Corrections.

Having been ordered returned to the superior court for further proceedings on the criminal charge, the…