Sanford

Pursuant to a negotiated plea, appellant Brenda Lee Sanford pled guilty to one count of selling cocaine. (Health & Saf. Code, § 11352.) She was sentenced to five years in state prison.

At sentencing the court did not consider whether to institute civil commitment proceedings pursuant to Welfare and Institutions Code section 3051, although the court found that Sanford was addicted to or in danger of becoming addicted to use of cocaine. The court did refer to her social background in its decision not to grant Sanford probation. The judge noted that she had two casual relationships that produced children and that neither of these relationships nor those with her family gave her a positive social background.

On appeal, Sanford contends that the court erred by failing to consider initiation of civil commitment proceedings and by basing its denial of *1183 probation, in part, on the fact that she has two illegitimate children. We reverse the sentence and remand the case.

Discussion

First, Sanford contends that the sentencing court erred by failing to consider whether civil commitment proceedings should be instituted. Although Sanford did not raise this issue at trial, she…