Moore
People v. Moore
Opinion
Lead Opinion
Kingsley, J.
After defendant had been convicted in municipal court of a violation of section 11721 of the Health and Safety Code (using narcotics), proceedings pursuant to section 3050 of the Welfare and Institutions Code were instituted, looking toward his commitment to the California Rehabilitation Center as a narcotic addict. Two doctors were appointed, their reports were filed, and a hearing was held at *488 which defendant was represented by the public defender. That, hearing resulted in a finding that defendant was a narcotic drug addict within the meaning of the statute and in an order that he be committed as prayed. Pursuant to the final paragraph of section 3050, defendant duly demanded a trial by jury and a jury trial date was set. Thereafter defendant asked the court to relieve the public defender and allow him to defend himself. That motion was denied but a similar motion, five days later, was granted, after a colloquy with the court. The matter was then continued twice to enable defendant to prepare for the jury trial. On the date ultimately set, he executed a stipulation that the matter be heard before a court commissioner sitting as a judge pro tempore. The jury trial proceeded…