People v. Houston

Defendant was charged by information with violation of Health and Safety Code section 11501 (sale of narcotics), and was also charged with a previous conviction of violation of Health and Safety Code section 11500 (possession of narcotics). Defendant pled not guilty and admitted the prior conviction.'After a jury trial, defendant was found guilty as charged. Her motions for a new trial and for reduction of the charge were denied, but her motion to withdraw the prior conviction was granted. 1 On September 6, 1962, criminal proceedings were adjourned and the sheriff was ordered to file a petition pursuant to Penal Code section 6451 in order that an examination and hearing could be had to determine whether defendant was addicted to the use of narcotics, or in imminent danger of becoming so addicted. Defendant was thereafter committed to the California Rehabilitation Center. On May 6, 1969, criminal proceedings resumed. Probation was denied and defendant was sentenced to the California Institution for Women for the term prescribed by law. Defendant appeals from the judgment.

So far as is relevant to this appeal, the facts are as follows: On May 18, 1962, Primo T. Orosco, a…