California Court of Appeal

The determination of the Board of Parole Hearings (Board), finding defendant unsuitable for parole from his 1982 second-degree murder conviction because he poses a present risk of danger to society or a threat to public safety if release, is reversed and remanded where: 1) the commitment offense and defendant's unstable history are too remote to remain valid predictors of his conduct if released; 2) defendant's insight and acceptance of responsibility do not support the parole denial decision; 3) the Board's concerns about defendant's parole plans are not sufficient to support the parole denial decision; and 4) the appropriate disposition of the matter is to remand the case to the Board to conduct a prompt rehearing consistent with the court's opinion, rather than to instruct the Board to set a parole-release date within 30 days of the order.

Appellate Information

• Decided 10/07/2010
• Published 10/07/2010

Judges

• Pollak

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Susan L. Jordan, Edmund G. Brown, Jr.