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Name: In re Dikes
Case #: A104121
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/28/2004
Subsequent History: 11/17/04 rev. den.

Following a prison disciplinary hearing, the inmate appellant was found to have possessed a controlled substance, based on a positive urinalysis test for the substance. The superior court granted appellant’s habeas petition, finding insufficient evidence. The warden appealed, contending that the drug test satisfied the “some evidence” standard of proof required for disciplinary actions. The appellate court reversed the finding of the superior court. Although appellant could not have been prosecuted criminally, and therefore only 30 days of conduct credit could be denied under Penal Code section 2932, subdivision (a)(2),(3), the positive drug test was sufficient proof for purposes of a disciplinary hearing.