California Court of Appeal

Defendant's petition for habeas relief from the decision of the Board of Parole Hearings (Board) finding him unsuitable for parole, is granted where the record does not support the Board's conclusions that defendant minimized his role in the shooting of a rival gang member 17 years ago or in his gang, or that the commitment offense alone or his assertedly "unstable social history" made him unsuitable for parole. Further, because the Board is ordered to provide a new hearing, defendant's ex post facto challenge to the Legislature's increase in the minimum interval between parole hearings is moot.

Appellate Information

• Decided 10/02/2012
• Published 10/02/2012

Judges

• Aronson

Court

• California Court of Appeal

Counsel