In re Monzo

The People of the State of California have appealed from an order of the superior court which vacated an order of the Adult Authority denying Edwin Joseph Monzo’s request for a review hearing before the Adult Authority board pursuant to resolution No. 283 of the Adult Authority and ordered that the Adult Authority “grant said Petitioner an immediate hearing at its next calendar for a review in accordance with Resolution No. 283 and that under all of the circumstances a review hearing be granted to Petitioner to consider this matter in the light of this opinion.”

Monzo was released on parole on February 25, 1970. He did not sign a parole agreement. On March 10, 1972, a parole violation charge was *146 prepared, charging him with a violation of “Condition 7 of the Old Conditions of Parole, by having in his possession a firearm, to wit; a .25 caliber automatic pistol.”

A notice of complaint dated April 6, 1972, alleging the same violation was served upon Monzo on April 7, 1972. A revocation hearing was held on May 17, 1972. He pleaded not guilty but was found guilty, and his parole was revoked.

Monzo applied for a review of the decision pursuant to Adult Authority…