California Court of Appeal

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In re Rico, B207448

Petition for writ of habeus corpus is granted where the Board of Parole Hearing's unsuitability for parole finding was based solely on the gravity of the commitment offense rather than on the additional factors cited by the Warden, and was not supported by evidence that plaintiff's release would pose an unreasonable threat to public safety. The Board of Parole Hearings is ordered to vacate its decision and find plaintiff suitable for parole.

Appellate Information

  • Decided 02/26/2009
  • Published 02/26/2009

Judges

  • ALDRICH, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Michael Satris, Bolinas, under appointment by the Court of Appeal, for Petitioner.

  • For Appellees:
  • Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Jennifer A. Neill and Jennifer L. Dolan, Deputy Attorneys General, for Respondent.
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