California Court of Appeal

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In re Schmidt, H029842

Grant of habeas petition challenging Youthful Offender Parole Board's order to vacate its parole release order, vacated on the ground that the Board lacked the authority to parole a person committed under Welfare and Institutions Code section 1800 -- in case involving sodomy and first degree murder of a three-year-old girl committed when defendant was 16 -- is reversed where the CYA is not authorized to release on parole a person committed under section 1800, however, CYA is authorized to conditionally release defendant during his current extended commitment period.

Appellate Information

  • Decided 09/28/2006
  • Published 09/28/2006

Judges

  • BAMATTRE-MANOUKIAN, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bill Lockyer, Attorney General, James M. Humes, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Anya M. Binsacca, Supervising Deputy Attorney General, Scott C. Mather, Deputy Attorney General, for Plaintiff and Appellant.

  • For Appellees:
  • Michael A. Kresser, under appointment by the Court of Appeal Sixth District Appellate Program, Santa Clara, for Defendant and Respondent.
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