People v. Ruelas

Opinion

ROTH, P. J.

The question presented is whether the revocation of probation at bench violated due process as defined in

Morrissey

v.

Brewer

(1972) 408 U.S. 471, 487-490 [33 L.Ed.2d 484, 498-499, 92 S.Ct. 2593], and

People

v.

Vickers,

8 Cal.3d 451 [105 Cal.Rptr. 305, 503 P.2d 1313];

People

v.

Nelson,

8 Cal.3d 463 [105 Cal.Rptr. 314, 503 P.2d 1322]; and

In re Prewitt,

8 Cal.3d 470 [105 Cal.Rptr. 318, 503 P.2d 1326].

Morrissey

became effective June 29, 1972. The revocation at bench was ordered May 4, 1972.

Morrissey

is not retroactive.

(In re Thomas,

27 Cal.App.3d 31, 36 [103 Cal.Rptr. 567].)

Appellant was sentenced to state prison having pleaded guilty to a charge of selling heroin. Execution of sentence was suspended. Probation was granted on condition that appellant serve one year in the county jail and not use or possess narcotics except as prescribed by a licensed phy

[73]

sician.

People

v.

Youngs,

23 Cal.App.3d 180, 188 [99 Cal.Rptr. 901], in which sentence was suspended has no application.