subject: California Habeas Corpus Possession Drugs Marijuana Charged Narcotics Violation Lawyers Attorneys [print this page] In re PATRICK FERMIN SANCHEZ on Habeas Corpus
Supreme Court of California
December 29, 1966
Defendant petitions for a writ of habeas corpus. He pleaded guilty to a charge of violation of section 11501 of the Health and Safety Code (sale of narcotics). A second like count and a count for supplying marijuana were dismissed. He was also charged with a prior narcotics violation, which he denied. He waived a jury trial on such issue. The trial court received in evidence the file regarding the prior conviction May 27, 1959 and found the charge to be true.
Issue:
Whether the petitioner's prior conviction was punishable by a term of imprisonment in the state prison was a felony offense?
Discussion:
The Court finds that the prior commitment of defendant to the Youth Authority, dated May 27, 1959, recites that petitioner was found guilty of Possession, a felony. However, the statute applicable to the 1959 offense did not designate the crime a felony or a misdemeanor, but prescribed punishment by imprisonment in the county jail or state prison. In such situations the classification of the offense as a felony or misdemeanor has been held to depend upon the punishment imposed. The basic provision of Penal Code section 17 at all times here concerned has been: "When a crime, punishable by imprisonment in the state prison, is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison." In this case no sentence has ever been imposed upon defendant for his prior offense. The court committed him to the Youth Authority. Consequently, the Attorney General contends that the crime may not be "deemed a misdemeanor," under the above language of Penal Code section 17 since no "judgment imposing a punishment other than imprisonment in the state prison" has been entered. The 1961 amendments also included the addition of a new section, section 11504 of the Health and Safety Code (Stats. 1961, ch. 274, p. 1304, 5) which cast further light on what the Legislature meant by the term "felony offense": "As used in this article 'felony offense,' and offense 'punishable as a felony' refer to an offense for which the law prescribes imprisonment in the state prison as either an alternative or the sole penalty, regardless of the sentence the particular defendant received." Under this definition 11504, the prior misdemeanor sentence, imposed for a violation of section 11500 of the Health and Safety Code, was a 'felony conviction,' as that term is defined in section 11504. In Wallace the prior "felony conviction" was used as the basis of mandatory denial of probation required by section 11500 of the Health and Safety Code. Similarly, in giving effect to these sections in the instant case the trial judge had no alternative but to commit defendant to the state prison for the prescribed term.
The order to show cause is discharged, and the writ of habeas corpus is denied.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
California Habeas Corpus Possession Drugs Marijuana Charged Narcotics Violation Lawyers Attorneys
