Peter Dwight Wellesley Chapman, Also Known as Peter Burton Cronin v. State of California

This is an appeal from denial without hearing of a petition for habeas corpus filed by a California prisoner.

In 1965 petitioner was convicted by California courts of forgery and escape. In May 1967 he was paroled under the usual conditions plus the special condition that he “go to hold” by the United States Immigration and Naturalization Service; he was then deported to Canada. Several days later he reentered the United States illegally. On December 15, 1967, his parole on the 1965 convictions was revoked.

Petitioner contends that California could not revoke his parole because it lost jurisdiction over him when it turned him over to I & NS for deportation. Whether the State waived jurisdiction is a question of state law, Seward v. Heinze, 262 F.2d 42 (9th Cir. 1958), and the California rule is: “ [A] waiver of jurisdiction should be found only in those cases in which the record contains affirmative evidence that the waiver was intentional.” In re Patterson, 64 Cal.2d 357, 361-362 , 49 Cal.Rptr. 801, 804 , 411 P.2d 897, 900 (1966).

The State argues that the fact that petitioner’s parole had all the normal conditions attached to it indicates that no waiver was intended.…