John Lyle Mead v. California Adult Authority

Appellant, a California parolee, appeals from an order of the District Court •denying his petition for a writ of habeas corpus. Appellant contended below and here contends that the appellee’s revocation of his parole violated his constitutional rights because one of the conditions of parole, for violation of which his parole was revoked, was void and because he was not afforded counsel at the time his parole was revoked.

Appellant was released on parole •on December 1, 1967, upon conditions, among others, that he submit monthly reports to his parole officer and that he not enter Marin County, the county which had been his home and in which his wife was residing. Appellee revoked his parole on February 9, 1968, inter alia, for failing to submit his monthly report and for his entry into Marin County. We assume, without deciding, that a condition of parole that the parolee not enter the county of his residence is void (Cf. People v. Blakeman, 170 Cal.App.2d 596 , 339 P.2d 202 (1959); In re Scarborough, 76 Cal.App.2d 648 , 173 P.2d 825 (1946)). But neither the imposition of a void condition of parole nor the finding that a parolee violated a void condition creates any constitutional…