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Supreme Court of California


In re Cabrera, S197283

Court of Appeal's grant of defendant's request for habeas relief from his validation as a gang associate, is reversed and remanded where: 1) the Court of Appeal failed to accord due deference to the California Department of Corrections and Rehabilitation's interpretation of its own regulations; and 2) the Court of Appeal's grant of habeas relief rested on the erroneous assumption that a direct link, in its interpretation, required proof that defendant had a mutual relationship with a validated gang affiliate.

Appellate Information

  • Decided 10/29/2012
  • Published 10/29/2012

Judges

  • Baxter

Court

  • Supreme Court of California

Counsel

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