In re Orozco
Petitioner Anthony Orozco has been incarcerated since April 1987 pursuant to a conviction for second-degree murder (Pen. Code, 187). In August 2006, the Board of Prison Terms (now the Board of Parole Hearings; hereafter Board) concluded Orozco was unsuitable for parole on the ground that he posed an unreasonable risk of danger to the public if released. On April 19, 2007, Orozco filed the instant petition for a writ of habeas corpus in which he alleges that the Boards decision lacks evidentiary support. In particular, Orozco contends the Board relied on non-existent facts in determining that the nature of the commitment offense supported a finding that Orozco is a threat to the public.
Court agree, and grant the petition.
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