In re Cobos
Petitioner Jose Cobos was a member of the Nuestra Familia prison gang. On January 3, 1976, Cobos shot and killed another gang member on orders from gang leadership. After a jury trial, Cobos was convicted in 1976 of first degree murder, conspiracy, and possession of heroin. He is presently serving an indeterminate life sentence.
Court stayed the superior courts order pending appeal. For the reasons stated below, Court conclude that the Governor should conduct a new review of the Boards parole decision. Court will therefore remand the matter to the superior court with directions to modify its order granting Coboss habeas corpus petition. The order shall be modified to direct the Governor to vacate his November 11, 2005 parole decision and to conduct a new review of the Boards decision in light of the recent California Supreme Court decisions in In re Lawrence (2008) 44 Cal.4th 1181 (Lawrence) and In re Shaputis (2008) 44 Cal.4th 1241 (Shaputis), including consideration of all relevant statutory factors as required by California Code of Regulations, title 15, section 2281, subdivision (b). Court affirm the order as modified.
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