Dominguez

Defendant appeals from a revocation of probation order of February 2, 1973, in case No. A-268705.

Contention

Defendant contends that a due process requirement of timely and notice for a hearing on revocation of probation was not met.

Background

The chronology of the pertinent cases and hearings is as follows:

Defendant-appellant was further charged with a violation of section 459 of the Penal Code (burglary). That charge was dismissed at the revocation hearing of February 2, 1973.

The case at bench pertains to the violation of probation hearing in case No. A-268705 (robbery) held on February 2, 1973, before the same trial judge who presided over the jury trial in which defendant was convicted in case No. A-287241 (violation of Dangerous Weapons Control Law). The court revoked probation in case No. A-268705 and sentenced to state prison for the term prescribed by law.

The Law

In Morrissey v. Brewer (1972) 408 U.S. 471 at page 490 [ 33 L.Ed.2d 484 at page 499, 92 S.Ct. 2593 ], a parole violation case, the court said, “[ojbviously a parolee cannot relitigate issues determined against him in other forums, as in the situation presented when the revocation is based on…