In re Lugo
In 1988 a jury convicted Mark Lugo of one count of first degree murder with the use of a deadly weapon (Pen. Code, 187, 12022, subd. (b)), and this court affirmed the conviction on appeal. (People v. Lugo (Nov. 30, 1990, D009831) [nonpub. opn.].) The trial court sentenced Lugo to an indeterminate term of 26 years to life in prison with the possibility of parole. Lugo's minimum parole eligibility date was March 17, 2005. In August 2008 the California Board of Parole Hearings (the Board) held a hearing to consider setting a date for Lugo's release on parole. At the conclusion of the hearing, the Board determined that Lugo was currently unsuitable for release on parole, and that he would be unsuitable for at least the next two years. Lugo filed a petition for a writ of habeas corpus in the superior court, challenging the Board's decision as a violation of his right to due process of law because it was lacking in factual support. The superior court denied the petition. Lugo now raises this same contention in a petition for a writ of habeas corpus before this court.
Comments on In re Lugo