California Court of Appeal

Defendant's request for habeas relief, challenging the Governor's reversal of the findings of the Board of Parole Hearings that he was suitable for parole, is granted where: 1) twice, the Governor has reversed the Board based solely on the existence of two "immutable factors" which are unsupported by the record, and which amount to a rote recitation of factors the Governor believes are suggestive of risk; 2) the Governor has failed to articulate any rational nexus between his reasons for reversing the Board's grant of parole, and any unreasonable risk of danger to public safety posed by defendant's release; but 3) defendant is not entitled to credit allowing him an early discharge.

Appellate Information

• Decided 12/15/2010
• Published 12/15/2010

Judges

• MOORE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Pablo Gomez, Edmund G. Brown, Jr.