In re Smith
Governor Arnold Schwarzenegger appeals from the superior court's order granting respondent Linda Lee Smith's petition for writ of habeas corpus and vacating the Governor's 2007 decision to reverse the 2007 determination by the Board of Parole Hearings (Board) that she is suitable for parole. (Pen.Code, 1507.) We reverse the superior court's order because some evidence supports the Governor's conclusion that respondent is unsuitable for parole because she is currently dangerous. That evidence consists of (1) the aggravated circumstances of the commitment offense, and (2) respondent's lack of insight into her criminal behavior and failure to take responsibility for her past violent conduct.
This is the Governor's second appeal in this matter. In February 2009 we reversed the same superior court's order granting respondent's petition for writ of habeas corpus and vacating the Governor's 2006 decision to reverse the Board's 2006 determination that she is suitable for parole. (In re Smith (2009) 171 Cal.App.4th 1631 (Smith).) The order from which the Governor is presently appealing was made in December 2008, before the filing of our prior opinion.
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