Legal Opinion · Dissent

In Re Gonzales

California Court of Appeal

Decided November 9, 1966No. Crim. 2606Published

1DissentWhelan, J.

I dissent.

The petitioner asserts constitutionally fatal deficiencies in the proceedings leading to his commitment for treatment as a narcotic addict under section 6450 of the Penal Code, reenacted as section 3050 of the Welfare and Institutions Code, in that a certified copy of the order fixing the time and place of hearing was not served upon petitioner as required.

The petition should be denied because, by requesting and receiving a jury trial in which he participated and was represented by counsel, petitioner waived the deficiencies in notice of the original hearing.1

The protection of the…

2Cases cited28 opinions

  1. People v. VictorCalifornia Supreme Court · 1965
  2. In Re De La OCalifornia Supreme Court · 1963
  3. In re ZerbeCalifornia Supreme Court · 1964
  4. People v. ManriquezCalifornia Supreme Court · 1922
  5. Capital National Bank v. SmithCalifornia Court of Appeal · 1944

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