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12 Cal. 3d 113

In re Murillo

California Supreme Court

Decided July 23, 1974

California Supreme Court · decided 1974-07-23

Cited by 2 later decisions — most recently July 1974

2 state decisions

Relies on 12 Cal. 3d 96 - In Re Bye

Good law ✅— No negative treatment on recordhow we know

Decided 1974-07-23

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¶1*114Opinion

WRIGHT, C. J.

¶2These are companion cases to In re Bye, ante, page 96 [115 Cal.Rptr. 382, 524 P.2d 854]. They raise the identical legal issue disposed of in Bye, and therefore additional discussion of the due process requirements in revocation of outpatient status of civil addicts is unnecessary.

¶3In the first case, Joaquin Murillo failed to report to his parole agent upon his return to the community on outpatient status. The agent apprehended Murillo at his residence, and observed fresh puncture marks on his inner arm. In response to the agent’s inquiry why he had not reported, Murillo admitted that he was “dirty” (he had recently used narcotics), and stated that he had intended to “clean up” prior to reporting.

¶4The People appeal from an order of the trial court which directed Murillo’s discharge from custody and his return to outpatient status. Said order was based on denial of procedural due process.

¶5In the second case, Michael Louis Bianco admitted to his parole agent that he had resumed heroin use. He had been on outpatient status for approximately five months at the time of his statement.

¶6The People appeal from an order directing Bianco’s discharge from custody and his return to outpatient status.

¶7As the procedures announced in Bye are to be implemented prospectively only, the order appealed from is reversed in each case.

McComb, J., Tobriner, J., Mosk, J., Burke, J., Sullivan, J., and Clark, J., concurred.
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