In re
Filed 8/6/10 In re Martinez CA2/5
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
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IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
FIVE
In re JESSE MARTINEZ
on
Habeas Corpus.
B222647
(Los Angeles
County
Super. Ct.
No. BH006018)
APPEAL from
an order of the Superior Court
of Los Angeles
County, Peter Espinoza, Judge.
Reversed.
James M.
Crawford, under appointment by the Court of Appeal, for Petitioner.
Edmund G. Brown, Jr., Attorney
General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C.
Hamanaka, Senior Assistant Attorney General, Julie A. Malone and Jennifer L.
Heinisch, Deputy Attorneys General, for Appellant.
I. INTRODUCTION
In 1987,
Jesse Martinez (petitioner) was convicted of second degree murder and sentenced to an
indeterminate term of 15 years to life in prison plus an additional two years
due to his use of a firearm in the commission of the offense. In 2008, the Board of Parole Hearings (Board)
found petitioner suitable for parole.
The Governor, however, reversed the Board's decision, concluding that
petitioner constituted an â€
| Description | In 1987, Jesse Martinez (petitioner) was convicted of second degree murder and sentenced to an indeterminate term of 15 years to life in prison plus an additional two years due to his use of a firearm in the commission of the offense. In 2008, the Board of Parole Hearings (Board) found petitioner suitable for parole. The Governor, however, reversed the Board's decision, concluding that petitioner constituted an †|
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