In re Avalos
As directed on October 28, 2008 by the California Supreme Court on remand to this court, we hereby vacate our decision in this matter filed on February 28, 2008. This opinion constitutes our reconsideration of the cause in light of In re Lawrence (2008) 44 Cal.4th 1181, and In re Shaputis (2008) 44 Cal.4th 1241, as further directed by the Supreme Court.
In 1984, Justo Avalos was convicted of second degree murder and sentenced to an indeterminate prison term of 15 years to life. In 2006, the Board of Parole Hearings (Board) found Avalos suitable for parole, however, Governor Arnold Schwarzenegger reversed the decision. Avalos filed a petition for a writ of habeas corpus challenging the Governors decision as not supported by some evidence. Court agree and grant the petition as prayed.
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