In Hendricks v. Superior Court (1978) 81 Cal.App.3d 950, petitioner, who was the subject of a petition pursuant to section 3051, sought to be afforded an evidentiary hearing in which he could prove his addiction in spite of the fact that two doctors had reported a lack of any evidence that he was addicted. The Court of Appeal, in rejecting petitioner's claim of a denial of due process in refusing him such a hearing, described the adversary nature of the proceedings and the district attorney's role in prosecuting the action. It was there stated at pages 954-955: " When the initial medical finding is that the subject is not addicted, the prosecution cannot go forward with its burden of proof and so the proceeding must be dismissed . . . . It makes no more sense to say, in the context of the involuntary commitment procedure, that the subject of a section 3051 petition was denied due process because the petition was dismissed without his having had a chance to prove his own addiction, than it would to say that a criminal defendant was denied due process by dismissal of pending charges at the conclusion of a preliminary hearing without allowing him an opportunity to prove himself guilty . . . . para. We must conclude that upon receipt of a medical report finding that the subject is neither addicted nor in imminent danger of addiction, the superior court is without jurisdiction to act except to dismiss the narcotics addiction commitment petition and refer the matter back for resumption of criminal proceedings."