Reyes

*772 Opinion

On appeal following his guilty plea, Russell Patrick Reyes, Sr., challenges the trial court’s imposition of a prison sentence. He contends that once civil narcotics commitment proceedings were instituted pursuant to Welfare and Institutions Code section 3051, 1 the trial court lacked jurisdiction to order any disposition other than a commitment to the California Rehabilitation Center (CRC). Respondent counters that the trial court was without jurisdiction to institute civil commitment proceedings to begin with, because sentence had not yet been imposed. For the reasons stated herein, we will agree with respondent and affirm the judgment.

Section 3051 sets up a procedure whereby narcotics addicts can receive treatment for their addiction. Under that section, the defendant is convicted of a crime in superior court or has his or her probation revoked, and the trial court imposes sentence. The trial court then determines whether the defendant may be addicted to narcotics or may be in imminent danger of becoming addicted. Should the court find no addiction problem, the previously imposed sentence is executed. But should the court find that an addiction problem may exist,…