In Re Gonzales
California Court of Appeal
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
- People v. VictorCalifornia Supreme Court · 1965
- In Re De La OCalifornia Supreme Court · 1963
- In re ZerbeCalifornia Supreme Court · 1964
- People v. ManriquezCalifornia Supreme Court · 1922
- Capital National Bank v. SmithCalifornia Court of Appeal · 1944
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