California Court of Appeal

Defendant's petition for habeas relief seeking an order overturning the Governor's decision to reverse the Board of Parole Hearings' (Board) order granting him parole from defendant's sentence of an indeterminate term of 15-years-to-life in state prison for second degree murder, is granted where: 1) although there is a modicum of evidence to support the Governor's finding that in the past defendant had minimized his role in the victim's demise, other evidence the Governor relies upon to justify the reversal of the Board's decision lacks a rational basis in fact; and 2) the identified facts that do find support in the record are not probative to the central issue of current dangerous when considered in light of the full record.

Appellate Information

• Decided 11/23/2010
• Published 11/23/2010

Judges

• WOODS

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Nancy L. Tetreault, Edmund G. Brown