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Martinez v. Bd. of Parole Hearings, C061031

Superior court's order directing the Board of Parole Hearings to recommend to a sentencing court that defendant's sentence be recalled, following a stabbing by another inmate that caused his immediate and complete quadriplegia, is affirmed in part, reversed in part, and remanded as, although the Board did not act arbitrarily or capriciously in impliedly finding that defendant could seek the aid of others to threaten public safety, the matter is remanded because the Board did not make any of the findings required by section 1170(e)(6), and considered factors other than the criteria set forth in the statute.

Appellate Information

  • Decided 04/06/2010
  • Published 04/06/2010

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  • California Court of Appeal

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