In re Mills
Byron Kenneth Mills, the petitioner herein, was convicted of second degree murder (Pen. Code, 187) in 1981 and continues to serve a sentence of 15 years to life in state prison. On October 1, 2003, the Board of Prison Terms (now the Board of Parole Hearings; hereafter Board) conducted a hearing on Millss suitability for release on parole. The Board decided that same day that Mills was unsuitable for parole because he could pose a threat to public safety if released. The superior court issued a writ and reversed the Boards decision in an order. There was no evidence before the Board that sustains its finding of a nexus between the commitment offense, Millss background, current psychological state, and prison record and any danger to the public safety if he is released. Accordingly, Court affirm the superior courts order with a modification Court direct.
Comments on In re Mills