In re Payton

McCOMB, J. This is an original application for a writ of habeas corpus on the ground that petitioner is being illegally held in custody.

The undisputed facts are these:

Petitioner is a parolee from San Quentin Prison. On [836]November 24, 1944, he was placed in the custody of the Sheriff of Los Angeles County at the instance of his parole officer. Thereafter at a meeting of the Adult Authority, held at San Francisco on December 8, 1944, an order* was made suspending petitioner’s parole. Such order did not state the cause upon which the order of suspension was predicated. Petitioner relies for his release upon this proposition: That an order suspending a parole is invalid unless the [837]cause upon which the order suspending the parole is predicated is stated in the order of suspension.

This proposition is tenable. It is the law in California that no parole shall be suspended without cause, which cause must be stated in the order suspending the parole. (Pen. Code, § 3063; In re Knaesche, 22 Cal.App.2d 667, 669 [72 P.2d 216].)

In the present case, since it is clear that the order suspending petitioner’s parole did not state the cause upon which the order of suspension was based, petitioner is being illegally held and should be discharged.

For the reason stated it is ordered that petitioner be released from the custody of the Sheriff of Los Angeles County, subject, however, to the parole heretofore granted petitioner, and to all the conditions and restrictions contained therein.

Moore, P. J., concurred. Wood (W. J.), J., dissented.

So far as material here the order read as follows:

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS ADULT AUTHORITY

Meeting of December 8, 1944