In re Becker

Petitioner, reimprisoned on charges of parole violation, seeks a writ of habeas corpus on the ground that the revocation of his parole did not conform to the requirements set forth in Morrissey v. Brewer (1972) 408 U.S. 471 [ 33 L.Ed.2d 484 , 92 S.Ct. 2593 ]. He charges specifically that the Adult Authority’s failure to accord him a prerevocation hearing violated minimum standards of due process.

Facts

The petition, return and replication disclose the following controlling facts: on December 17, 1964, petitioner was convicted in Orange County Superior Court of violation of Penal Code section 288 and was sentenced to state prison for the term prescribed by law. He was released on parole 1 from the California Men’s Colony at San Luis Obispo on August 2, 1973. The relevant conditions of petitioner’s most recent parole agreement were that he totally abstain from the use of any alcoholic beverages (Condition 1); that he obey all laws (Condition 11); and that he refrain from engaging in assaultive activities and violence (Condition 12).

On December 7, 1973, petitioner was arrested in Belmont, San Mateo County, California, for violation of Vehicle Code section 23102…