Medrano

*116 Opinion

Appellant was convicted after jury trial of two counts of sale of heroin (Health & Saf. Code, § 11352). The jury found that on each occasion the substance sold exceeded one-half ounce. The trial court sentenced appellant to prison for concurrent, four-year middle base terms.

Appellant contends that the trial court abused its discretion in refusing to institute narcotics addict commitment proceedings (Welf. & Inst. Code, § 3051).

The RPO contains this pertinent information: “Regarding the use of drugs and narcotics, the defendant reports that at age 15 he began using marijuana and has used occasionally to the present date. Further, approximately ten years ago, the defendant began using heroin approximately once every other month. For a seven-month period approximately two years ago, the defendant was using on a daily basis. The defendant reports that for the last fourteen months, he has been on methadone and has used heroin only rarely. When interviewed, your officer observed old narcotic tracks on the defendant’s arms.”

At the sentencing hearing, appellant’s trial counsel asked the trial court to consider section 3051 proceedings. The probation officer iterated…