In Re Gonzales

Petitioner, a state prison inmate, seeks habeas corpus, charging fatal irregularities in the proceedings which culminated in his commitment to the state prison in January 1974 and in the revocation of his parole from a prison commitment of January 1966.

The 1966 commitment resulted from a Los Angeles conviction of second degree robbery. In November 1971 petitioner was released on parole. Although he was later convicted of driving while under the influence of narcotics, the Adult Authority in May 1972 continued him on parole. In August 1973 he was arrested in Los Angeles and jailed on a heroin possession charge, a felony. His parole was suspended. While the felony charge was pending, petitioner suffered two narcotics-connected misdemeanor convictions. In November 1973 he appeared before the Los Angeles superior court with counsel (the public defender) and pleaded guilty to heroin possession. The trial judge informed him, in effect, that he belonged in prison; that the court proposed to admit him to probation on the current felony charge on the assumption that the Adult Authority would return him to prison and revoke his parole; that the court proposed to…

Petitioner, a state prison inmate, seeks habeas corpus, charging fatal irregularities in the proceedings which culminated in his commitment to the state prison in January 1974 and in the revocation of his parole from a prison commitment of January 1966.

The 1966 commitment resulted from a Los Angeles conviction of second degree robbery. In November 1971 petitioner was released on parole. Although he was later convicted of driving while under the influence of narcotics, the Adult Authority in May 1972 continued him on parole. In August 1973 he was arrested in Los Angeles and jailed on a heroin possession charge, a felony. His parole was suspended. While the felony charge was pending, petitioner suffered two narcotics-connected misdemeanor convictions. In November 1973 he appeared before the Los Angeles superior court with counsel (the public defender) and pleaded guilty to heroin possession. The trial judge informed him, in effect, that he belonged in prison; that the court proposed to admit him to probation on the current felony charge on the assumption that the Adult Authority would return him to prison and revoke his parole; that the court proposed to direct one year…

I dissent. In my view the majority’s holding is unjust both to the People and to the defendant.

The defendant challenges two penal procedures taken against him, the prison sentence of January 18, 1974, and the parole revocation of February 4, 1974. As I read the ruling of the majority, in effect all penal action against the defendant from November 23, 1973, forward has been vacated, both that of the court and of the Adult Authority. The defendant has been restored to “status quo antewhich means that prosecution is to resume in court, with an opportunity to withdraw the guilty plea, and the Adult Authority may redetermine whether or not it will revoke parole.

The following chronology of some of the pertinent events is important.

5- 28-68—Prison term of one year to life for second degree robbery commences.

7-10-69—Term is fixed at nine years by Adult Authority.

7- 7-71—Term is refixed at nine and one-half years.

11-15-71—Parole commences.

6- 21-73—Parole is suspended (for not keeping parole officer informed of residence and not making self available for anti-narcotic testing program). Status is “Parolee at Large.”

7- 20-73—Defendant allegedly commits crime of possesion of…