In re Garcia
Filed 10/5/10 In re Garcia CA1/1
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST
APPELLATE DISTRICT
DIVISION
TWO
In re HENRY
GARCIA, on Habeas Corpus.
A128155
On March 25, 2009, the Board of Parole
Hearings (Board) decided not to set a release date for convicted murderer Henry
Garcia. After the San Mateo Superior
Court declined to issue a writ of habeas
corpus setting aside that decision, Garcia initiated this original
proceeding for the writ. The basis for
his petition--as it was in the superior court--is that Penal Code section 3041
(section 3041) and title 15, section 2402 of the California Code of Regulations
(regulation 2402) require his release because there is no evidence to support
the Board's decision and demonstrate that his parole would pose an unreasonable
risk of danger to the public safety.
The legal principles
governing that decision were recently explained by our Supreme Court:
â€
| Description | On March 25, 2009, the Board of Parole Hearings (Board) decided not to set a release date for convicted murderer Henry Garcia. After the San Mateo Superior Court declined to issue a writ of habeas corpus setting aside that decision, Garcia initiated this original proceeding for the writ. The basis for his petition--as it was in the superior court--is that Penal Code section 3041 (section 3041) and title 15, section 2402 of the California Code of Regulations (regulation 2402) require his release because there is no evidence to support the Board's decision and demonstrate that his parole would pose an unreasonable risk of danger to the public safety. The legal principles governing that decision were recently explained by our Supreme Court: †|
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