California Court of Appeal

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IN RE: BROWN, D036935

Where the legislative history of Penal Code section 3041.5(b)(2)(B) shows that the defendant, convicted of murder, was never within a class of prisoners affected by the 1990 uncodified amendments to the statute, the Board of Prison Terms properly determined it was not reasonable to expect defendant would be suitable for parole release within five years.

Appellate Information

  • Decided 03/27/2002
  • Published 03/27/2002

Judges

  • BENKE, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Rodney Brown in pro. per.;   and Gregory Marshall, under appointment by the Court of Appeal, for Petitioner.

  • For Appellees:
  • Bill Lockyer, Attorney General, and Beneth A. Browne, Deputy Attorney General, for Respondent.
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