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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE,
Plaintiff and Respondent,
v.
ARVELL SABIR WHITSON,
Defendant and Appellant.
A114152
(SolanoCounty
Super. Ct. No. FCR221165)
On July 19, 2005, Arvell Sabir Whitson pleaded no contest to the felony offense of possessing methamphetamine. The imposition of sentence was suspended, and the court placed Whitson on three years of formal probation, and imposed a restitution fine of $200. On March 22, 2006, Whitson waived his right to a formal probation violation hearing and admitted he had used methamphetamine in violation of probation. At the sentencing hearing on April 26, 2006, the trial court imposed the midterm of two years on the possession offense after formally revoking probation. The court also imposed a restitution fine of $400 and a suspended parole revocation restitution fine of $400. The court then stated it was suspending the criminal proceedings under Welfare and Institutions Code section 3051,[1] which provides for the civil commitment of a convicted person for drug treatment at California Rehabilitation Center (CRC). After defense counsel and the prosecutor waived â€
Description
On July 19, 2005, Defendant pleaded no contest to the felony offense of possessing methamphetamine. The imposition of sentence was suspended, and the court placed Whitson on three years of formal probation, and imposed a restitution fine of $200. On March 22, 2006, Whitson waived his right to a formal probation violation hearing and admitted he had used methamphetamine in violation of probation. At the sentencing hearing on April 26, 2006, the trial court imposed the midterm of two years on the possession offense after formally revoking probation. The court also imposed a restitution fine of $400 and a suspended parole revocation restitution fine of $400. The court then stated it was suspending the criminal proceedings under Welfare and Institutions Code section 3051, which provides for the civil commitment of a convicted person for drug treatment at California Rehabilitation Center (CRC). After defense counsel and the prosecutor waived "irregularities," at the request of the court, Whitson was committed to the custody of the Director of Corrections for confinement in the narcotics program at CRC for a maximum term of two years with credit for time served of 62 days.
The judgment of commitment to the Director of Corrections for confinement in California Rehabilitation Center is vacated, and the matter is remanded to the superior court for further proceedings.
