In Re Gomez

TRAYNOR, C. J.

In this proceeding petitioner challenges the revocation of his parole by the Adult Authority. He was convicted in December 1957 of “the infamous erime against nature” (Pen. Code, § 286) and sentenced to the term prescribed by law. He was paroled on June 18, 1963. On July 16, 1964, his parole was cancelled because of his (1) “committing the crime of burglary” and (2) “failing to cooperate with his Parole Agent, and by his behavior and attitude not justifying the opportunity granted him by parole by: (a) Refusing to take the advice and counsel of his Parole Agent.” On October 19, 1964, following a hearing before the Adult Authority, petitioner was found guilty of both charges and his parole was revoked. A subsequent hearing was held on March 24, 1965, “to review the parole violation charges.” The Adult Authority concluded that petitioner’s parole had been properly revoked and placed his case on its August calendar to consider redetermination of his sentence. On August 18, 1965, it refixed petitioner’s term at 10½ years. Meanwhile, on May 19, 1965, petitioner filed a petition for a writ of habeas corpus in this court alleging that the Adult Authority relied on an uncorroborated, involuntary confession to supply the good cause required to revoke parole. (Pen. Code, § 3063.) On July 8, 1965, we issued an order to show cause and thereafter appointed a referee to take evidence and make findings on the following questions: (1) Was a confession introduced in the parole revocation hearing ? If so, was it obtained in the manner alleged by petitioner? (2) Did petitioner have an opportunity to contest the allegations against him at the hearing before the Adult Authority? The reference hearing was held and findings of fact were submitted by the referee, the Honorable Thomas P. White.

From the record of the reference hearing it appears that

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while on parole in May 1964 petitioner was arrested by the Whittier police on suspicion of committing burglary. Although no formal charges were filed against petitioner, he was transferred to the Los Angeles County jail and held there for approximately three months as a parole violator. He had several discussions with his parole officer in the Whittier and Los Angeles jails, but at no time admitted to the parole officer any involvement in the burglary for which he was arrested.