Hooks

Hooks appeals from a judgment denying the issuance of a writ of mandate re his dismissal as a correctional officer for possession of marijuana and hashish.

The facts are these:

The purpose of the administrative time off was for investigation of disciplinary proceedings being instituted simultaneously with Hooks’ reinstatement to service. The disciplinary proceedings were pursuant to an arrest and conviction by guilty plea for possession of less than an ounce of marijuana in violation of Health and Safety Code, section 11357. Upon conviction, Hooks was fined $100 plus the penalty assessment. Hooks never returned to work after the reinstatement.

For the purposes of the administrative hearing the parties stipulated to the allegations against Hooks contained in paragraph IV of the notice of punitive action.

“On or about December 6, 1975, you were arrested in possession of about nine grams of marijuana and about ten grams of hashish, a violation of Health and Safety Code section 11357.

“On or about March 18, 1976, you were convicted on your plea of guilty of violating Health and Safety Code section 11357 as a misdemeanor in the case of People vs. Willy Z. Hooks,…