People v. Superior Court

This petition for writ of mandate/prohibition alleges that James Eugene Ross (Ross), real party in interest, was convicted of a *634 violation of Penal Code section 459 (burglary) in the second degree. When he appeared for hearing on his application for probation and for sentencing on December 17, 1974, the trial judge suspended further criminal proceedings and referred him to Department 95 1 of the superior court pursuant to section 3051 of the Welfare and Institutions Code in order that an examination and hearing could be had to determine whether Ross was addicted to the use of narcotic drugs or by reason of repeated use of narcotics was in imminent danger of becoming so addicted and pending such hearing he was remanded to the custody of the sheriff. On January 10, 1975, the District Attorney of the County of Los Angeles duly filed a petition under section 3051 to determine whether or not Ross was an addict or in danger of becoming an addict. The judge presiding in Department 95 duly made an order on January 15, 1975, appointing Doctors A. E. Davis and Blake Skrdla to examine Ross. They examined Ross on January 16, 1975, 2 and filed with the court their certificate as…