In re Henry
After serving 24 years in prison on a sentence of 17 years to life for second degree murder, respondent Tresia Henry was granted release on parole by the Board of Parole Hearings (Board). On July 16, 2009, then-Governor Arnold Schwarzenegger (Governor) issued an order, pursuant to Penal Code section 3041.2, reversing the Board's parole decision. The trial court, relying on In re Lawrence (2008) 44 Cal.4th 1181 (Lawrence), granted Henry's subsequent petition for a writ of habeas corpus, finding the Governor's reversal order was not supported by evidence of Henry's current dangerousness. The Governor appeals, contending the trial court exceeded its authority by reweighing the evidence and substituting its judgment for that of the Governor's on the issue of Henry's suitability for parole.[1] We conclude the trial court applied the correct standard of review, as enunciated in Lawrence, and properly discharged its duties in granting Henry's petition. We therefore affirm.
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