Rivera

Consolidated for hearing in this court are two appeals taken by the People from orders entered by the superior court in two separate actions. Both appeals involve a similar question, namely, the applicability of the rule established in the case of In re Bye (1974) 12 Cal.3d 96 [ 115 Cal.Rptr. 382 , 524 P.2d 854 ], to a situation where a defendant, committed to the California Rehabilitation Center (CRC) as a narcotics addict and later released as an outpatient, severs contact with his parole agent and cannot be located for a period in excess of one year.

The relevant facts in People v. Rivera (1 Crim. 14971) show that, on January 5, 1972, defendant Mario Rivera pleaded guilty to second degree burglaiy and, pursuant to section 3051 of the Welfare and Institutions Code,. filed a petition for commitment to CRC as a narcotics addict or one imminently in danger of becoming an addict. On January 26, 1972, the court found defendant Rivera to be a narcotics addict, ordered the criminal proceedings suspended and committed him to CRC.

Rivera was received at CRC on February 8, 1972, and remained an inmate of that facility until July 10, 1972, at which time he was released as an…