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IN RE DIKES

No. A104121.

18 Cal.Rptr.3d 9 (2004)

121 Cal.App.4th 825

In re Jayson Wayne DIKES, on Habeas Corpus.

Court of Appeals of California, First District, Division Four.

As Modified August 17, 2004.

Review Denied November 17, 2004.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Jennifer A. Neill, Pamela B. Hooley, Deputy Attorneys General, for Appellant State of California.

Matthew Zwerling, Executive Director, L. Richard Braucher, First District Appellate Project, under appointment by the Court of Appeal, for Respondent Jayson Wayne Dikes.

RIVERA, J.

After a prison disciplinary hearing, Jayson Wayne Dikes was found to have possessed a controlled substance in violation of prison regulations, based on a positive urinalysis test. He petitioned the superior court for a writ of habeas corpus, challenging the drug test as insufficient evidence to sustain a finding of possession. The court agreed and granted the petition, directing that the disciplinary finding be set aside and ordering the restoration of...

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